[2021] KEHC 8689 (KLR)
The court found that the correction sought by the applicant was limited to the title number of a property listed in the Certificate of Confirmation of Grant and did not affect the substance of the grant. Rule 43(1) of the Probate and Administration Rules expressly allows for such corrections. The court was satisfied...
Source-derived case information.
- Citation
- [2021] KEHC 8689 (KLR)
- Parties
- Applicant: Pauline Mbithe Wanjiru Mwaniki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 412 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Probate and Administration, Rectification of Grant, Certificate of Confirmation, Title Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Mbithe Wanjiru Mwaniki
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the court should allow the correction of the title number in the Certificate of Confirmation of Grant under Rule 43(1) of the Probate and Administration Rules.
Ratio Decidendi
The court found that the correction sought by the applicant was limited to the title number of a property listed in the Certificate of Confirmation of Grant and did not affect the substance of the grant. Rule 43(1) of the Probate and Administration Rules expressly allows for such corrections. The court was satisfied that the application was meritorious and allowed the rectification as prayed.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 26/11/2019 is rectified to read LR No. NAROMORU/NAROMORO/BLOCK 2/(AGUTHI)/1295.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 412 OF 2006
IN THE MATTER OF THE ESTATE OF THE LATE JOSEPH MWANIKI MAMBO (DECEASED
PAULINE MBITHE WANJIRU MWANIKI...PETITIONER/APPLICANT
RULING
1. The applicant has filed an application dated 16 /10/2020 under the provisions 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 26th November, 2019.
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 16/10/2020.
3. The applicant seeks to correct the Title Number L.R No. NAROMORU/NAROMORU/BK2/AGUTHI/158 which should read NAROMORU/NAROMORO/BLOCK2/(AGUTHI)/1295.
4. The applicable law is found at Rule 43 (1) of the Probate and Administration Rules – which allows for the correction of errors provided that it does not affect the substance of the Grant.
5. Upon reading the application and hearing the submissions of counsel appearing for the applicant, this court is satisfied that the correction to include the correct title number of the property is as envisaged under the provisions of the above Rule 43(1).The application is found to be meritorious and is hereby allowed.
6. The certificate of Confirmation of Grant issued on 26/11/2019 is hereby rectified to read LR No. NAROMORU/NAROMORO/BLOCK 2/(AGUTHI)/1295
Orders Accordingly.
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 8TH MARCH 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE