[2016] KEHC 6771 (KLR)
The court allowed the application for rectification of the confirmed grant, emphasizing that the responsibility for ensuring the accuracy of the names of the deceased and beneficiaries, as well as the assets distributed, lies with the court officials under the supervision of the Deputy Registrar. The rectified...
Source-derived case information.
- Citation
- [2016] KEHC 6771 (KLR)
- Parties
- Applicant: Public Trustee
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 9 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Confirmed Grant
- Outcome
- application for rectification of confirmed grant allowed
- Judges
- GMA Dulu
- Legal Topics
- Rectification of Grant, Succession Procedure, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Public Trustee
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the certificate of confirmed grant should be rectified to include the correct names of beneficiaries.
Ratio Decidendi
The court allowed the application for rectification of the confirmed grant, emphasizing that the responsibility for ensuring the accuracy of the names of the deceased and beneficiaries, as well as the assets distributed, lies with the court officials under the supervision of the Deputy Registrar. The rectified certificate of grant must be typed and verified by court officials and the Deputy Registrar before being signed by the Judge, to ensure accuracy and compliance with the law.
Court Disposition
application for rectification of confirmed grant allowed
Orders
- The application for rectification of the confirmed grant is allowed.
- The rectified certificate of grant shall be typed by court officials and verified by the Deputy Registrar before being signed by the Judge.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
SUCCESSION CAUSE NO. 9 OF 2014
IN THE MATTER OF THE ESTATE OF HASSAN OMAR FARAH (DECEASED).
RULING
I have considered the Chamber Summons dated 18th November 2015 filed by the Public Trustee for rectification of confirmed grant in order to include in the certificate of confirmed grant the correct names of beneficiaries.
While I allow the application for rectification for confirmed grant, I wish to state for the record that it is the duty and responsibility of the court, under the supervision of the Deputy Registrar in Succession Causes emanating from the High Court to type and verify the correctness of the names of the deceased and beneficiaries, and the assets distributed, from the documents filed by the Public Trustee, or administrators.
The rectified certificate of grant will therefore be typed by court officials and verified by the Deputy Registrar, before the Judge signs the certificate.
Dated and delivered at Garissa this 23rd day of February 2016.
GEORGE DULU
JUDGE