[2020] KEHC 10153 (KLR)

[2020] KEHC 10153 (KLR)

The court found that the administrators were impeded in their duties due to the absence of an alias in the deceased's name and a typographical error in the confirmed grant regarding the distribution of property. Upon consideration of the application, supporting affidavit, and submissions, the court determined that...

Source-derived case information.

Citation
[2020] KEHC 10153 (KLR)
Parties
Applicant: Consolata Wangari Ituu
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Succession Cause 337 of 2017
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Outcome
application granted
Judges
A Ali-Aroni
Legal Topics
Rectification of Grant, Estate Administration, Typographical Errors in Grant
Source Language
en
Family and Children Rectification of Grant Estate Administration Typographical Errors in Grant

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Parties

Consolata Wangari Ituu

Applicant

Procedural Posture

Succession Cause / Ruling on Application for Rectification of Grant

Legal Issues

  1. 1 Whether the grant should be rectified to include an alias for the deceased.
  2. 2 Whether the confirmed grant should be corrected to reflect that Title Number Kiine/Rukanga/10 goes absolutely to Weasman Holdings International Limited.

Ratio Decidendi

The court found that the administrators were impeded in their duties due to the absence of an alias in the deceased's name and a typographical error in the confirmed grant regarding the distribution of property. Upon consideration of the application, supporting affidavit, and submissions, the court determined that the rectification sought was justified and necessary for the proper administration of the estate. The application for rectification of the grant was therefore granted as prayed.

Court Disposition

application granted

Orders

  • The grant is rectified to include an alias against the name of the deceased.
  • The confirmed grant is corrected so that Title Number Kiine/Rukanga/10 goes absolutely to Weasman Holdings International Limited.