[2022] KEHC 12465 (KLR)
The court held that rectification of the grant was only necessary to correct the spelling of Thomas Gathuta Wahome's name to Thomas Gatutha Wahome. The other prayers, including the inclusion of co-administrators on form P&A 41 and correction of another applicant's name, had already been addressed in a previous...
Source-derived case information.
- Citation
- [2022] KEHC 12465 (KLR)
- Parties
- Applicant: Cecilia Thogori Wanjeru; Applicant: Thomas Gatutha Wahome; Applicant: Cecilia Mumbi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 142 of 1992
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- partly allowed
- Judges
- FN Muchemi
- Legal Topics
- Rectification of Grant, Letters of Administration, Estate Administration, Name Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Thogori Wanjeru
Applicant
Thomas Gatutha Wahome
Applicant
Cecilia Mumbi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be rectified to correct the names of the administrators.
- 2 Whether it is necessary to file a fresh application to include co-administrators on form P&A 41 after court appointment.
Ratio Decidendi
The court held that rectification of the grant was only necessary to correct the spelling of Thomas Gathuta Wahome's name to Thomas Gatutha Wahome. The other prayers, including the inclusion of co-administrators on form P&A 41 and correction of another applicant's name, had already been addressed in a previous application and granted in the court's earlier ruling. Therefore, repeating those prayers was unnecessary and amounted to duplication. The court emphasized that once a co-administrator is appointed by court order, no further application is required to reflect this on the relevant forms, as the order itself is sufficient authority for amendment. The court thus allowed only the...
Court Disposition
partly allowed
Orders
- The name of Thomas Gathuta Wahome is rectified to read Thomas Gatutha Wahome in the grant.
- Other prayers are struck out as they were previously granted.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Wambugu Ngera (Deceased) (Succession Cause 142 of 1992) [2022] KEHC 12465 (KLR) (17 August 2022) (Ruling)
Neutral citation: [2022] KEHC 12465 (KLR)
Republic of Kenya
In the High Court at Nyeri
Succession Cause 142 of 1992
FN Muchemi, J
August 17, 2022
IN THE MATTER OF THE ESTATE OF WAMBUGU NGERA (DECEASED)
In the matter of
Cecilia Thogori Wanjeru
1st Applicant
Thomas Gatutha Wahome
2nd Applicant
Cecilia Mumbi
3rd Applicant
Ruling
1. This is a ruling on summons dated June 8, 2022 seeking for orders for rectification of grant that was confirmed on January 27, 2022. It is brought by the three administrators Cecilia Thogori Wanjeru, Thomas Gatutha Wahome and Cecilia Mumbi. The applicants filed a notice to act in person dated June 9, 2022 withdrawing Messrs Wabandi Gacheru advocate who represented them earlier.
2. This summons seeks for rectification of grant in the following terms:-a.That the name of Cecilia Thongori Wanjeru in the grant be rectified to read Cecilia Thogori Wanjeru.b.That the names of Thomas Gatutha Wahome and Cecilia Mumbi be included in form P&A 41 since they were appointed co-administrators.c.That the name of Thomas Gathuta Wahome be rectified to read Thomas Gatutha Wahome.
3. It is noted that in the application for rectification of grant dated June 25, 2021, the applicants through their advocate Wabandi Gacheru, which summons sought the same prayers which were granted in the ruling of the court delivered on January 27, 2022.
4. Once a co-administrator has been appointed by the court, there is no need of bringing another application to have his name added on form P&A 41. The order of the court regarding appointment is sufficient to amend the grant of letters of administration intestate.
5. The only rectification that this court will deal with herein is in regard to the name of Thomas Gathuta Wahome to read Thomas Gatutha Wahome which I hereby do rectify as prayed.
6. The other prayers being a repetition from the previous application are hereby struck.
7. An amended grant to issue.
8. It is hereby so ordered.
DATED AND SIGNED AT NYERI THIS 17TH DAY OF AUGUST, 2022. F MUCHEMIJUDGERULING DELIVERED THROUGH VIDEO LINK THIS 17TH DAY OF AUGUST, 2022