[2021] KEHC 7099 (KLR)
The court held that the omission of the KenGen shares from the Certificate of Confirmation of Grant was a clerical error that could be rectified under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The rectification did not affect the substance of the grant but merely...
Source-derived case information.
- Citation
- [2021] KEHC 7099 (KLR)
- Parties
- Petitioner: Public Trustee; Respondent: Estate of the Late John Florence Muthoni Gachigi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 231 of 2015
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed; grant rectified
- Judges
- A Mshila
- Legal Topics
- Probate and Administration, Rectification of Grant, Omitted Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Trustee
Petitioner
Estate of the Late John Florence Muthoni Gachigi
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the court should allow rectification of the Certificate of Confirmation of Grant to include omitted KenGen shares.
- 2 Whether such rectification is permissible under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules.
Ratio Decidendi
The court held that the omission of the KenGen shares from the Certificate of Confirmation of Grant was a clerical error that could be rectified under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules. The rectification did not affect the substance of the grant but merely corrected the list of assets to reflect the true estate of the deceased. The court was satisfied that the application was meritorious and allowed the rectification, ordering that the Certificate of Confirmation of Grant be amended to include 812 shares in Kenya Electricity Generating Company Ltd to be transferred absolutely to Abigael Betty Wachera.
Court Disposition
application allowed; grant rectified
Orders
- The Certificate of Confirmation of Grant issued on 16/06/2016 is rectified to include 812 shares in Kenya Electricity Generating Company Ltd, transferred to Abigael Betty Wachera absolutely.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 231 OF 2015
IN THE MATTER OF THE ESTATE OF THE LATE JOHN FLORENCE MUTHONI GACHIGI (DECEASED)
PUBLIC TRUSTEE................................PETITIONER
RULING
1. The applicant has filed an application dated the 2/05/2018 under the provisions of Section 74 of the Law of Succession Act and Rule 43 (1) of the Probate and Administration Rules and seeks to include Ken Gen Shares that were not included in the list of the deceased’s properties.
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
2/05/2018
3. The applicable law is found at Section 73 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allows for the review of the orders provided that it does not affect the substance of the Grant.
4. Upon reading the application and hearing the submissions of counsel appearing for the applicant, this court is satisfied that the correction to include the omitted Shares is as envisaged under the provisions of the above Section 73 and Rule 43. The application is found to be meritorious and is hereby allowed.
5. The Certificate of Confirmation of Grant issued on 16/06/2016 is hereby rectified to 812 Shares in Kenya Electricity Generating Company Ltd transferred to Abigael Betty Wachera absolutely.
6. Orders Accordingly.
Dated, Signed and Delivered Electronically at Nyeri this 6th day of May, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE