[2021] KEHC 4960 (KLR)
The court found that, although there is no express provision in the Law of Succession Act or the Probate and Administration Rules for re-issuance of a lost certificate of confirmation of grant, Rule 73 grants the court inherent powers to make such orders as may be necessary for the ends of justice. The court also...
Source-derived case information.
- Citation
- [2021] KEHC 4960 (KLR)
- Parties
- Applicant: Stephen Kithure Muthengi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2014
- Procedural Posture
- Succession Cause / Application for Re Issuance of Certificate of Confirmation of Grant
- Outcome
- Application for re-issuance and rectification of certificate of confirmation of grant allowed.
- Judges
- CA Otieno
- Legal Topics
- Probate and Administration, Confirmation of Grant, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kithure Muthengi
Applicant
Procedural Posture
Succession Cause / Application for Re Issuance of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the court can re-issue a certificate of confirmation of grant when the original is lost.
- 2 Whether the court can rectify a clerical error in the certificate of confirmation of grant regarding a beneficiary's name.
Ratio Decidendi
The court found that, although there is no express provision in the Law of Succession Act or the Probate and Administration Rules for re-issuance of a lost certificate of confirmation of grant, Rule 73 grants the court inherent powers to make such orders as may be necessary for the ends of justice. The court also identified a clerical error in the naming of a beneficiary and exercised its power to rectify the certificate accordingly. The absence of contestation and the need to bring the matter to closure justified granting the application for re-issuance and rectification of the certificate.
Court Disposition
Application for re-issuance and rectification of certificate of confirmation of grant allowed.
Orders
- The certificate of confirmation of grant shall be re-issued as requested.
- The certificate of confirmation of grant is rectified to correct the beneficiary's name.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 23 OF 2014
IN THE MATTER OF THE ESTATE OF THE LATE MUTHENGI TIGANU – DECEASED
STEPHEN KITHURE MUTHENGI ..................................................... PETITIONER
RULING
1. The grant in this matter was issued on the 24/3/2014 and confirmed on the 20/4/2015. No other material developments occurred in the file till the 4/2/2021 when counsel for the administrators wrote to the Deputy Registrar and requested that the file be placed before the court for purposes of issuance of another original of the certificate of confirmation of grant.
2. The reason given for such request is that the petitioner has lost the one given to him.
3. I have noted that there has not been contestation in this cause and the proceedings appear to have moved smoothly and harmoniously unlike the case in most of cases of this nature.
4. Even though I was unable to lay my hands on particular provisions in the Act and the rules providing for the scenario, I do consider the inherent powers of the court reserved under Rule 73 of the Probate and Administration Rules to adequately provide for situation with no specific provisions.
5. I do thus find that the only way the cause can be moved towards closure is to accede to the request. I direct that the certificate of confirmation of grant be re-issued as requested.
6. However, in the course of perusing the file I have noted that there is a beneficiary called Joel Muriungi Solomon but such name appears nowhere in the record of the file. I consider this to have been a mistake by which the typist picked the last two names of Japhet and gave them to Joel. That mistake I have rectified by issuance of a rectified of confirmation of grant.
Dated signed and delivered at Meru this 6th day of July 2021.
Patrick J.O Otieno
Judge