[2021] KEHC 5709 (KLR)
The court found that the omission of UNSURVEYED PLOT NO.2 NANYUKI from the Certificate of Confirmation of Grant was a correctable error under Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The application was meritorious as it sought to rectify the record to...
Source-derived case information.
- Citation
- [2021] KEHC 5709 (KLR)
- Parties
- Applicant: Virginia Wangari Kanja
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 227 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application to Review Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Succession, Confirmation of Grant, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Wangari Kanja
Applicant
Procedural Posture
Succession Cause / Ruling on Application to Review Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the court should review the Certificate of Confirmation of Grant to include the omitted property, UNSURVEYED PLOT NO.2 NANYUKI.
Ratio Decidendi
The court found that the omission of UNSURVEYED PLOT NO.2 NANYUKI from the Certificate of Confirmation of Grant was a correctable error under Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The application was meritorious as it sought to rectify the record to accurately reflect the assets of the deceased's estate. The court was satisfied that the review was justified and allowed the application, ordering the inclusion of the omitted property in the Certificate of Confirmation of Grant and its distribution to the applicant.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 17/10/2008 is reviewed to include the property known as UNSURVEYED PLOT NO.2 NANYUKI.
- The property UNSURVEYED PLOT NO.2 NANYUKI shall be distributed to Virginia Wangari Kanja.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 227 OF 2006
IN THE MATTER OF THE ESTATE OF THE LATE GEORGE KANJA MACHARIA (DECEASED)
VIRGINIA WANGARI KANJA ................PETITIONER/APPLICANT
RULING
1. The applicant has filed an application under the provisions of Section 74 of Law of Succession Act and Rule 43 (1) of the Probate and Administration Rules and seeks to correct the title number of one of the properties listed on the Certificate of Confirmation of Grant, issued on the 17/10/2008.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit made by the applicant and dated
23/03/2021.
3. The applicant seeks to include the Title Number, UNSURVEYED PLOT NO.2 NANYUKI
4. The applicable law is found at Section 74 of the Probate and Administration Rules – which allows for the review of the orders previously made.
5. Upon reading the application and hearing the submissions of Counsel appearing for the applicant this court is satisfied that the application for review to include the omitted property is as envisaged under the provisions of the above Section 74. The application is found to be meritorious and is hereby allowed.
6. The Certificate of Confirmation of Grant issued on 17/10/2008 is hereby reviewed to include the property known as UNSURVEYED PLOT NO.2 NANYUKI and that the same be distributed to VIRGINIA WANGARI KANJA
Orders Accordingly.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 30TH DAY JUNE, 2021
HON. LADY JUSTICE A. MSHILA
JUDGE