[2009] KEHC 113 (KLR)
The court found that the omission of the bank account number from the certificate of confirmation of grant was an error that could be rectified under rule 43(1) of the Probate and Administration Rules. The inclusion of the bank account number is necessary for the proper identification of estate assets, similar to...
Source-derived case information.
- Citation
- [2009] KEHC 113 (KLR)
- Parties
- Applicant: Winny Chemutai Chepkwony; Applicant: Geoffrey Kipchirchir Biegon
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 183 of 2007
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Partially allowed.
- Legal Topics
- Rectification of Grant, Probate and Administration, Estate Assets Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Winny Chemutai Chepkwony
Applicant
Geoffrey Kipchirchir Biegon
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include the deceased's bank account number as an asset of the estate.
- 2 Whether the court can order the transfer of the estate bank account from Nairobi to Bomet under rule 43(1) of the Probate and Administration Rules.
Ratio Decidendi
The court found that the omission of the bank account number from the certificate of confirmation of grant was an error that could be rectified under rule 43(1) of the Probate and Administration Rules. The inclusion of the bank account number is necessary for the proper identification of estate assets, similar to the requirement to specify land reference numbers for real property. However, the court held that the request to transfer the bank account from Nairobi to Bomet did not fall within the scope of rectification under rule 43(1), as it was not a correction of an error or omission but a substantive administrative change. Therefore, only the rectification to include the bank account...
Court Disposition
Partially allowed.
Orders
- Certificate of confirmation of grant rectified to include the bank account number.
- Prayer to transfer the bank account to Barclays Bank at Bomet declined.
Full Case Text
Judgment text and source record
47 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 183 of 2007
1. Family Law
2. The Law of Succession
3. Rectification of Grant
a) Full grant issued 31st July, 2009 (Ang’awa J).
b) Registry did not mention the Bank Account number on the letter of confirmed grant.
c) Error.
d) That the confirmation of grant be rectified to include the Account number on grant
(P&A form 110, form 13) Rule 43 (1).
e) 2nd prayer to transfer account from Nairobi to Bomet.
4. Held
a) Certificate of confirmation of grant rectified to include Bank Account number.
b) Transfer of account to Barclays Bank at Bomet declined.
7. Case Law - Nil
8. Advocate
M/S J.M. Motanya & Co. advocate for the Petitioner - present
IN THE MATTER OF THE ESTATE OF
STANLEYKIPKEMOI CHEPKWONY ………………DECEASED
AND
WINNY CHEMUTAI CHEPKWONY …………. 1ST PETITIONER
GEOFFREY KIPCHIRCHIR BIEGON ………… 2ND PETITIONER
RULING
NO. 2
Rectification of grant
I: Procedure and Practice
1. On the 31st July, 2009 at Kericho, this Court confirmed the letters of grant intestate issued on 8th November, 2007 (Kimaru J).
2. The deceased, a male adult aged 44 years old on 29th April, 2007 died intestate and left behind a widow and five minor children.
3. The only assets the deceased held was benefits from his employer. When the grant was confirmed the Bank account was not reflected on the certificate of confirmed grant. This was an error on the part of this Court.
4. The advocate for the applicant filed form 110 and form 13 being a summons for rectification of grant and an affidavit respectively seeking prayers under rules 43(1) for the Probate and Administration rules to correct and include the Bank Account number.
5. This account number must at all times be stated on the confirmed certificate of grant first as assets which are land is stated on a certificate the LR. number of the property. At all times the correct LR number and or Bank account number must be named on form P&A 5.
6. The two administratix/administrators did mention this in their form P&A 5 as No. 753684131 Moi Avenue Branch.
II: 2nd limb
7. The prayers then had another limb and that is to transfer the account from the Bank Branch at Moi Avenue to the Branch at Bomet as this would be convenient to parties.
8. With due respect, this second limb of prayer is not a rectification under rules 43(1) of the P&A rules.
9. Most of the funds from the benefit was placed aside for the minor children to be invested for their benefit till they attain the age of majority.
III: Findings
10. The prayers for the rectification of grant to include the bank account is granted.
11. The prayers to transfer the bank account is declined having been brought under the wrong rules.
12. Costs in the estate.
DATEDthis 18th day of November, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocate
M/S J.M. Motanya & Co. advocate for the Petitioner - present