[2021] KEHC 7171 (KLR)
The court found that the application for rectification was meritorious as it sought only to correct the title number of the property listed in the Certificate of Confirmation of Grant, which is permissible under Section 74 of the Law of Succession Act. The correction did not affect the substance of the grant, and...
Source-derived case information.
- Citation
- [2021] KEHC 7171 (KLR)
- Parties
- Applicant: Serah Nyokabi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 162 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- A Mshila
- Legal Topics
- Rectification of Grant, Certificate of Confirmation, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serah Nyokabi
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the court should rectify the Certificate of Confirmation of Grant to correct the title number of the property listed therein.
Ratio Decidendi
The court found that the application for rectification was meritorious as it sought only to correct the title number of the property listed in the Certificate of Confirmation of Grant, which is permissible under Section 74 of the Law of Succession Act. The correction did not affect the substance of the grant, and the applicable law and procedure were properly invoked. The court was satisfied that the rectification was justified and allowed the application accordingly.
Court Disposition
application allowed
Orders
- The Certificate of Confirmation of Grant issued on 11/03/2020 is rectified to read RUGURU/KIAMARIGA/1405.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO.162 of 1999
IN THE MATTER OF THE ESTATE OF THELATE WARUTERE S/o MUTITU
aliasMOSES WARUTERE MUTITU (DECEASED)
SERAH NYOKABI...........................................................................PETITIONER
RULING
1. The application is dated the 25/02/2021 and is made under the provisions of Section 74 of the Law of Succession Act and seeks to rectify and correct the title Number of the property listed in the Certificate of Confirmation of Grant issued on 11/03/2020.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit dated 25/02/2020 made by SERAH NYOKABI.
3. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allow for the correction of errors 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 applicants, this court is satisfied that the correction to include the correct title number is as envisaged under the provisions of Section 74 of the Law of Succession Act.
5. The application is found to be mentorious and is hereby allowed.
6. The Certificate of Confirmation of Grant issued on 11/03/2020 is hereby rectified to read RUGURU/KIAMARIGA/1405.
Orders Accordingly
DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 6TH MAY, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE