[2024] KEHC 15474 (KLR)
The court found that the errors identified by the applicant—namely, the misdescription of the property and the misspelling of the beneficiary's name—are precisely the type of errors contemplated by section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The court held that the...
Source-derived case information.
- Citation
- [2024] KEHC 15474 (KLR)
- Parties
- Applicant: Joyce Wangoi Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 533 of 1990
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- EKO Ogola
- Legal Topics
- Rectification of Grant, Errors in Names, Errors in Property Description
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Wangoi Njoroge
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court should rectify the grant to correct the misdescription of the property from 'Embakasi plots' to 'Nairobi/Block 136/12522' and 'Nairobi/Block 136/12539'.
- 2 Whether the court should correct the misspelling of the beneficiary's name from 'Joyce Wangui Njoroge' to 'Joyce Wangoi Njoroge'.
- 3 Whether the prayers sought fall within the scope of section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules.
Ratio Decidendi
The court found that the errors identified by the applicant—namely, the misdescription of the property and the misspelling of the beneficiary's name—are precisely the type of errors contemplated by section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules. The court held that the scope of rectification is limited to errors in names and descriptions of property or persons, and the applicant's prayers fall squarely within this scope. Accordingly, the court allowed the application for rectification as prayed, ordering that a fresh grant issue reflecting the corrected property description and beneficiary name.
Court Disposition
application for rectification of grant allowed
Orders
- The grant is rectified to correct the property description from 'Embakasi plots' to 'Nairobi/Block 136/12522' and 'Nairobi/Block 136/12539'.
- The grant is rectified to correct the beneficiary's name from 'Joyce Wangui Njoroge' to 'Joyce Wangoi Njoroge'.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of the Late Jackson Njororoge Kunina (Deceased) (Succession Cause 533 of 1990) [2024] KEHC 15474 (KLR) (Family) (26 June 2024) (Ruling)
Neutral citation: [2024] KEHC 15474 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 533 of 1990
EKO Ogola, J
June 26, 2024
IN THE MATTER OF THE ESTATE OF THE LATE JACKSON NJOROGE KUNINA (DECEASED)
In the matter of
Joyce Wangoi Njoroge
Applicant
Ruling
1. The Summons for Rectification before the Court is dated 4th January 2024. The applicant prays for the rectification of the misdescription of the property known as ‘Embakasi plots’ to ‘Nairobi/Block 136/12522’ and Nairobi/Block 136/12539’. The applicant also prayed for the correction of the misspelling of the beneficiary’s name from ‘Joyce Wangui Njoroge’ to ‘Joyce Wangoi Njoroge’.
2. Rectification of grants is provided for in section 74 of the Law of Succession Act, Cap 160, Laws of Kenya and Rule 43(1) of the Probate and Administration Rules. Section 74 provides as follows:74. Errors may be rectified by court:Errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant, may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.”
3. Rule 43(1) provides as follows:“Where the holder of a grant seeks pursuant to the provisions of section 74 of the Act rectification of an error in the grant as to the names or descriptions of any person or thing or as to the time or place of death of the deceased or, in the case of a limited grant, the purpose for which the grant was made, he shall apply by summons in Form 110 for such rectification through the registry and in the cause in which the grant was made.”
4. From the language of section 74 and Rule 43(1) the scope of rectification of grants of representation is limited to errors in names and descriptions of property. From the foregoing, the prayers in the Summons are within the ambit of Section 74 and Rule 43(1) aforementioned. I hereby allow the Summons as prayed. Fresh grant to issue. Costs be in the cause.
Orders accordingly.
DATED and DELIVERED at NAIROBI this 26thday of June 2024……………………………………………..E.K. OGOLAJUDGEIn the presence of:Ms. Coren h/b for Wangare for the ApplicantGisiele Muthoni Court Assistant