[2014] KEHC 5497 (KLR)
The court found that the application for rectification was justified as the death of an administrator and three beneficiaries constituted sufficient grounds for amending the grant and certificate of confirmation of grant. The judge, after reviewing the record, was satisfied that the circumstances warranted the...
Source-derived case information.
- Citation
- [2014] KEHC 5497 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 68 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Succession Procedure, Administrator Death, Beneficiary Death
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant and certificate of confirmation of grant should be rectified due to the death of one administrator and three beneficiaries.
Ratio Decidendi
The court found that the application for rectification was justified as the death of an administrator and three beneficiaries constituted sufficient grounds for amending the grant and certificate of confirmation of grant. The judge, after reviewing the record, was satisfied that the circumstances warranted the orders sought and allowed the application as proposed by the applicant.
Court Disposition
application allowed
Orders
- The application dated 11/3/2014 for rectification of the grant and certificate of confirmation of grant is allowed in the terms proposed by the applicant.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 68 OF 1999
IN THE MATTER OF ESTATE OF THE HANNAH NYAMBURA KINUTHIA (DECEASED)
RULING/DIRECTIONS
The application dated 11/3/2014 seeks rectification of the grant and certificate of confirmation of grant dated 15/3/1999 and 14/7/2000 respectively. The basis for the rectification is the death of one of the administrators, Humprey Waruiru Kinuthia, has since died did and three beneficiaries have also passed on.
I have carefully gone through the record and I am satisfied that this is a proper case for grant of the orders sought in the application.
Consequently, I hereby allow the application dated 11/3/2014 in the terms proposed by the applicant. Costs shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF April 2014.
W. M. MUSYOKA
JUDGE