[2020] KEHC 1024 (KLR)
The court found that the application sought a correction of the title number of a property listed in the Certificate of Confirmation of Grant and that such correction is permissible under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, provided it does not affect the...
Source-derived case information.
- Citation
- [2020] KEHC 1024 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 970 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application to Rectify Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Succession, Rectification of Grant, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Rectify Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the court should allow the rectification of the Certificate of Confirmation of Grant to correct the title number of the property without affecting the substance of the grant.
Ratio Decidendi
The court found that the application sought a correction of the title number of a property listed in the Certificate of Confirmation of Grant and that such correction is permissible under Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules, provided it does not affect the substance of the grant. The court was satisfied that the correction was merely to reflect the accurate title number and did not alter the substance of the grant or the distribution of the estate. Therefore, the application was meritorious and allowed, and the Certificate of Confirmation of Grant was rectified accordingly.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 17/10/2017 is rectified to read L.R. NO. NANYUKI MARURA BLOCK 1/972 (ICHUGA).
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 970 OF 2014
IN THE MATTER OF THE ESTATE OF THE LATE ROBINSON WACHIRA MWANGI (DECEASED)
RULING
1. The applicant has filed an application dated the 20/08/2020 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 correct the title number of one of the properties listed on the Certificate of Confirmation of Grant, issued on the17/10/2017.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit made by the applicant and dated20/08/2020
3. The applicant seeks to correct the Title Number, from L.R No. NANYUKI/MUNICIPALITY 1/972 (ICHUGA)to L.R. NO. NANYUKI MARURA BLOCK 1/972 (ICHUGA)
4. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 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 Section 74 and Rule 43. The application is found to be meritorious and is hereby allowed.
6. The Certificate of Confirmation of Grant issued on 17/10/2017 is hereby rectified to read L.R. NO. NANYUKI MARURA BLOCK 1/972 (ICHUGA)
Orders Accordingly.
Dated, Signed and Delivered Electronically at Nyeri this 16TH day December, 2020.
HON. LADY JUSTICE A. MSHILA
JUDGE