[2015] KEHC 5458 (KLR)
The court found that the rectification sought by the administrators was justified and would serve the interests of justice. Upon reviewing the supporting affidavit, the court was satisfied that the requirements for rectification under the Law of Succession Act had been met and therefore allowed the application as...
Source-derived case information.
- Citation
- [2015] KEHC 5458 (KLR)
- Parties
- Applicant: Administrators of the Estate of Josephine Nyambura Njatha (alias Nyambura N)
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1234 of 2013
- Procedural Posture
- Succession Cause / Application for Rectification of Confirmed Grant
- Outcome
- summons for rectification of confirmed grant allowed
- Judges
- DW Mbuteti
- Legal Topics
- Succession, Grant Rectification, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of Josephine Nyambura Njatha (alias Nyambura N)
Applicant
Procedural Posture
Succession Cause / Application for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the confirmed grant of letters of administration intestate should be rectified as sought by the administrators.
Ratio Decidendi
The court found that the rectification sought by the administrators was justified and would serve the interests of justice. Upon reviewing the supporting affidavit, the court was satisfied that the requirements for rectification under the Law of Succession Act had been met and therefore allowed the application as prayed.
Court Disposition
summons for rectification of confirmed grant allowed
Orders
- The summons for rectification of the confirmed grant is allowed as sought.
Full Case Text
Judgment text and source record
12 paragraphs
IN THE HIGH COURT OF KENYA
AT MURANG’A
SUCCESSION CAUSE O. 1234 OF 2013
IN THE MATTER OF THE ESTATE OF JOSEPHINE NYAMBURA NJATHA (alias NYAMBURA N), DECEASED
R U L I N G
1. By an order entered on 22nd May 2014 the grant of letters of administration intestate issued herein on 6th May 2014 was confirmed. A certificate of confirmation of grant was issued on 23rd May 2014.
2. By a summons dated 27th February 2015 the Administrators have sought rectification of that confirmed grant as more particularly set out in the affidavit sworn in support of the summons. I have read that affidavit.
3. I am satisfied that the rectification sought will be in the interests of justice. I will therefore allow the summons for rectification as sought. It is so ordered.
DATED AND SIGNED AT MURANG’A THIS 16TH DAY OF APRIL 2015
H P G WAWERU
JUDGE
DELIVERED THIS 17TH DAY OF APRIL 2015