[2014] KEHC 3435 (KLR)
The court found that the certificate of confirmation of grant contained an error in the name of a beneficiary, which was written as Gachuma Martin Munyi instead of Gachuma Martin Munyui. All beneficiaries had signed a consent to the rectification. The court, therefore, exercised its power under Section 74 of the Law...
Source-derived case information.
- Citation
- [2014] KEHC 3435 (KLR)
- Parties
- Applicant: Raphael Kalua Nthiwa; Respondent: Gachuma Martin Munyui
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 848 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Beneficiary Name Correction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphael Kalua Nthiwa
Applicant
Gachuma Martin Munyui
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant contains an error in the name of a beneficiary that warrants rectification.
- 2 Whether all beneficiaries have consented to the rectification sought.
Ratio Decidendi
The court found that the certificate of confirmation of grant contained an error in the name of a beneficiary, which was written as Gachuma Martin Munyi instead of Gachuma Martin Munyui. All beneficiaries had signed a consent to the rectification. The court, therefore, exercised its power under Section 74 of the Law of Succession Act to order the rectification of the certificate to reflect the correct name of the beneficiary.
Court Disposition
application allowed
Orders
- The name Gachuma Martin Munyi in the certificate of confirmation of grant is rectified to read Gachuma Martin Munyui.
Full Case Text
Judgment text and source record
15 paragraphs
NO. 362/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
SUCCESSION CAUSE NO. 848 OF 2009
IN THE MATTER OF THE ESTATE OF MWANDIKU NZYOKI NDUNDA (DECEASED)
R U L I N G
1. The application dated 11th March 2014 is for rectification of the name that was erroneously written.
Secondly, it seeks rectification of a certificate of confirmation of the grant of letters of administration intestate issued herein on the 26th day of March 2012to Raphael Kalua Nthiwa.
2. The application is based on grounds that the certificate issued has errors in respect of the name of a beneficiary Martin Munyui.
3. Having carefully perused the application and the annexture thereof, it is evident that the name of the beneficiary was erroneously written as Gachuma Martin Munyi. All other beneficiaries have signed a consent to the rectification sought.
4. It is therefore ordered that the name Gachuma Martin Munyi be rectified to read Gachuma Martin Munyui.
DATED, SIGNEDand DELIVERED at MACHAKOS this 28 TH day of JULY, 2014.
L.N. MUTENDE
JUDGE