[2013] KEHC 6249 (KLR)
The court found that the application for rectification and review was merited because the applicant had demonstrated that there were errors in the certificate of confirmation of grant, including a mix up of names and plot numbers and omission of some assets. The court exercised its discretion under the Law of...
Source-derived case information.
- Citation
- [2013] KEHC 6249 (KLR)
- Parties
- Applicant: Applicant; Respondent: Respondent
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause Cause 25 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification and Review of Certificate of Confirmation of Grant
- Outcome
- application for rectification and review allowed
- Judges
- DN Musyoka
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Errors in Certificate, Omission of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification and Review of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant contained errors in names, plot numbers, and omitted assets.
- 2 Whether the court should review and rectify the confirmation orders and certificate of confirmation of grant.
Ratio Decidendi
The court found that the application for rectification and review was merited because the applicant had demonstrated that there were errors in the certificate of confirmation of grant, including a mix up of names and plot numbers and omission of some assets. The court exercised its discretion under the Law of Succession Act to review the confirmation orders made on 2nd February 2011 and ordered that the certificate of confirmation of grant be rectified as proposed in the application dated 30th July 2012.
Court Disposition
application for rectification and review allowed
Orders
- The confirmation orders made on 2nd February 2011 are reviewed.
- The certificate of confirmation of grant issued pursuant to those orders shall be rectified as proposed in the application dated 30th July 2012.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
SUCCESSION CAUSE NO: 2503 OF 2001
IN THE MATTER OF THE ESTATE OF GIBSON KIMANI GICHURI (DECEASED)
RULING
The application for rectification is dated 30th July 2012. It seeks rectification of the certificate of confirmation of grant dated 2nd February 2011. The applicant explains that there are errors in the certificate as there is a mix up of names and plot numbers and that some of the assets were omitted from the confirmation process.
This is a case for both review and rectification. I am satisfied that the application is merited. I hereby review the confirmation orders made on 2nd February 2011. The certificate of confirmation of the grant issued pursuant to those orders shall be rectified as proposed in the application dated 30th July 2012. It is so ordered.
DATED, SIGNED and DELIVERED AT NAIROBI THIS 27th DAY OF June 2013.
W.M. Musyoka
JUDGE