[2007] KEHC 1846 (KLR)
The court found that the error in the grant, which listed the wrong property title number, was genuine and made inadvertently. Upon reviewing the summons and supporting affidavit, the court determined that rectification was necessary to reflect the correct property of the deceased's estate. The application for...
Source-derived case information.
- Citation
- [2007] KEHC 1846 (KLR)
- Parties
- Petitioner: Margaret Namataka Ouyo; Applicant: Dorrikas Naliaka Ouyo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 554 of 2003
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Legal Topics
- Rectification of Grant, Administration of Estates, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Namataka Ouyo
Petitioner
Dorrikas Naliaka Ouyo
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to correct the property description from title No. Butsotso/Indangalasia/851 to Butsotso/Indangalasia/848.
Ratio Decidendi
The court found that the error in the grant, which listed the wrong property title number, was genuine and made inadvertently. Upon reviewing the summons and supporting affidavit, the court determined that rectification was necessary to reflect the correct property of the deceased's estate. The application for rectification was therefore allowed in the interest of justice.
Court Disposition
application allowed
Orders
- The grant is rectified to indicate title No. Butsotso/Indangalasia/848 instead of Butsotso/Indangalasia/851.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
Succession Cause 554 of 2003
IN THE MATTER OF THE ESTATE OF THE LATEJARED OUYO MURAMBI
AND
MARGARET NAMATAKA OUYO……….………..PETITIONERS
DORRIKAS NALIAKA OUYO………………………APPLICANTS
RULING
The two administrators of the estate of the late Jared Ouyo Murambi sought in their Summons dated 3. 4.2007 rectification of Grant. The mistake sought to be corrected in the grant seems to have been genuinely made. Instead of indicating title No. Butsotso/Indangalasia/848 they indicated title No. Butsotso/Indangalasia/851 as the property left by the deceased. I have perused the Summons and the supporting affidavit sworn by both Administratrices on 3-4-2007. It is in the interest of justice that the error be rectified as it seems genuine on the face of it. The application is allowed. It is so ordered.
Delivered at Kakamega this 22nd day of November, 2007.
G. B. M. KARIUKI
J U D G E