[2016] KEHC 2240 (KLR)
The court found that the application for rectification of the confirmed grant was merited and unopposed. The omission of the junior bank accounts opened by the deceased for the minors was inadvertent, and rectification was necessary to ensure proper administration of the estate and protection of the interests of the...
Source-derived case information.
- Citation
- [2016] KEHC 2240 (KLR)
- Parties
- Applicant: J M N; Applicant: W M N
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 966 of 2011
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Rectification of Grant, Administration of Estate, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
J M N
Applicant
W M N
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the confirmed grant should be rectified to include junior bank accounts opened by the deceased for minors that were omitted during confirmation of grant.
- 2 Whether the applicant, as mother and administrator, should be authorized to operate and be signatory to the said accounts.
Ratio Decidendi
The court found that the application for rectification of the confirmed grant was merited and unopposed. The omission of the junior bank accounts opened by the deceased for the minors was inadvertent, and rectification was necessary to ensure proper administration of the estate and protection of the interests of the minor beneficiaries. The court exercised its discretion under Rule 43(1) of the Probate and Administration Rules to allow the rectification as prayed, authorizing J M N, as mother and administrator, to operate and be signatory to the said accounts.
Court Disposition
application allowed
Orders
- The confirmed grant is rectified to include the specified Barclays bank junior accounts opened by the deceased for the minors.
- J M N is authorized to operate and be the signatory to the said accounts.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 966 OF 2011
IN THE MATTER OF THE ESTATE OF THE LATE ABEDNEGO NYAMAI MAKAU – DECEASED
AND
J M N……………………………………1ST APPLICANT
W M N ……………………………………2ND APPLICANT
RULING OF THE COURT
1. The Summons before the Court is dated 8th June, 2016 seeking for rectification of the Confirmed Grant issued on 16th November, 2012. Application seeks the following prayers;
a. That the grant of letters of administration issued to the said J M N andW M N in this matter on the 25th day of January, 2012, be rectified in the following respects as provided for by Rule 43(1)of the Probate and Administration Rules:
i. The confirmed grant be amended to include the following Barclays bank accounts junior accounts that were opened by the deceased for the minors that were inadvertently left out while making the application for the Confirmation of the Grant.
Account number (particulars withheld) in the name of W M N
Account number (particulars withheld) in the name of M N N
Account Number (particulars withheld) in the name of I W N
b. That the said accounts be given to J M N their mother and one of the administrators to operate them and be the signatory.
c. That the costs of this application be provided for.
2. I have considered the application. It is not opposed. It is also merited as per the Supporting Affidavit.
3. The application is allowed, and rectification ordered as prayed.
Dated and delivered at Machakos this26thday of October, 2016.
………………………………
E. OGOLA
JUDGE
In the presence of;
Mr. Mwema holding brief for Mutua Makau for applicant
Court Assistant – Mr. Munyao