[2021] KEHC 8584 (KLR)
The court found that the errors in the names of the beneficiaries as listed in the Certificate of Confirmation of Grant were supported by documentary evidence (National Identity Cards) and that the corrections sought did not affect the substance of the grant. The court held that Section 73 of the Law of Succession...
Source-derived case information.
- Citation
- [2021] KEHC 8584 (KLR)
- Parties
- Applicant: Juliuse Kabui Mwangi; Applicant: George Muchemi Mwangi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 759 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Rectification of Grant, Errors in Beneficiary Names, Probate and Administration, Law of Succession Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliuse Kabui Mwangi
Applicant
George Muchemi Mwangi
Applicant
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 correct errors in the names of beneficiaries.
- 2 Whether such rectification is permissible under Section 73 of the Law of Succession Act and Rule 44(1) of the Probate and Administration Rules.
Ratio Decidendi
The court found that the errors in the names of the beneficiaries as listed in the Certificate of Confirmation of Grant were supported by documentary evidence (National Identity Cards) and that the corrections sought did not affect the substance of the grant. The court held that Section 73 of the Law of Succession Act and Rule 44(1) of the Probate and Administration Rules empower the court to rectify such errors. Therefore, the application for rectification was meritorious and allowed, and the Certificate of Confirmation of Grant was ordered to be amended to reflect the correct names of the beneficiaries.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 9/10/2009 is rectified to read Jane Wanjiru Wachira instead of Jane Wanjiku Mwangi, Wakeni Wachira instead of Eunice Wakeni Waciira, and Eunice Wanjiru Gaithigia instead of Eunice Wanjiru Rose.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 759 OF 2008
IN THE MATTER OF THE ESTATE OF THE LATE MWANGI
GATERU Alias MWANGI s/o GATERU(DECEASED)
AND
1. JULIUSE KABUI MWANGI
2. GEORGE MUCHEMI MWANGI.................................PETITIONERS/APPLICANTS
RULING
1. The applicants have filed an application dated the 9TH February, 2021 under the provisions of Section 73 of the Law of Succession Act and Rule 44 (1) of the Probate and Administration Rules and seek to correct errors in the names of three (3) of the beneficiaries.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit made by the applicants.
3. The applicants seek to rectify the names of the beneficiaries who are referred to as (i) Jane Wanjiku Mwangi (ii) Eunice Wakeni Waciira and (iii) Eunice Wanjiru Rose in the Certificate of Confirmation of Grant whereas their National Identity Cards bear the names Jane Wanjiru Wachira, Wakeni Wachira and Eunice Wanjiru Gathigia respectively.
4. The applicants have annexed copies of the beneficiaries National Identity Cards and pray that the Certificate of Confirmation of Grant be rectified to bear the beneficiaries correct names.
5. The applicable law is found at Section 73 of the Law of Succession Act and Rule 44 (1) of the Probate and Administration Rules – which allow for the correction of errors in names provided that it does not affect the substance of the Grant.
6. Upon reading the application and hearing the submissions of the applicants, this court is satisfied that the correction of the errors of the names which are supported by the copies of the National Identity Cards of Jane Wanjiru Wachira , Wakeni Wachira and Eunice Wanjiru Gathigia are as envisaged under the provisions of the above Section 73 and Rule 44(1).
7. The application is found to be mentorious and is hereby allowed.
8. The names on the Certificate of Confirmation of Grant issued on 9/10/2009 are hereby rectified to read (i) Jane Wanjiru Wachira instead of Jane Wanjiku Mwangi (ii) Wakeni Wachira instead of Eunice Wakeni Waciira and (iii) Eunice Wanjiru Gaithigia instead of Eunice Wanjiru Rose.
9. Orders Accordingly.
Dated, Signed and Delivered Electronically at Nyeri this 11 day of March, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE
11/03/2021