[2007] KEHC 1810 (KLR)
The court found that the omission of the surname 'M’Imanyara' in the certificate of confirmation of grant for both the applicant and the respondent constituted an error that is curable under Section 74 of the Law of Succession Act. The court further noted that the certificate as issued was incomplete and that this...
Source-derived case information.
- Citation
- [2007] KEHC 1810 (KLR)
- Parties
- Applicant: Joseph Nturibi M’Imanyara; Respondent: Margaret Kaninkio M’Imanyara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 236 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Certificate of Confirmation of Grant
- Outcome
- Application granted. Certificate of confirmation to be amended to correct parties' names and rectify incompleteness.
- Legal Topics
- Succession, Amendment of Grant, Correction of Errors, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nturibi M’Imanyara
Applicant
Margaret Kaninkio M’Imanyara
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Amend Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the omission of the parties' full names in the certificate of confirmation of grant can be corrected under Section 74 of the Law of Succession Act.
- 2 Whether the certificate of confirmation as issued is incomplete and requires rectification.
Ratio Decidendi
The court found that the omission of the surname 'M’Imanyara' in the certificate of confirmation of grant for both the applicant and the respondent constituted an error that is curable under Section 74 of the Law of Succession Act. The court further noted that the certificate as issued was incomplete and that this omission should also be rectified. Accordingly, the court granted the application to amend the certificate of confirmation to reflect the correct names and ordered that the incompleteness of the certificate be corrected as well. No order as to costs was made.
Court Disposition
Application granted. Certificate of confirmation to be amended to correct parties' names and rectify incompleteness.
Orders
- The names of the objector/applicant and the petitioner in the certificate of confirmation of grant shall be corrected as suggested in (a) of the Notice of Motion dated 20th April, 2006.
- The omission rendering the certificate of confirmation incomplete shall be rectified.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Succession Cause 236 of 1999
IN THE MATTER OF THE ESTATE OF M’IMANYARA M’IMONGI(DECEASED)
JOSEPH NTURIBI M’IMANYARA ……………………… OBJECTOR/APPLICANT
VERSUS
MARGARET KANINKIO M’IMANYARA ……..….…..PETITIONER/RESPONDENT
RULING
On 12th February, 2001 this court issued certificate of confirmation of the grant issued on 9th March, 2000 to the petitioner, Margaret Kaninkio.
The instant application dated 20th April, 2006 brought by the objector/applicant, Joseph Nturibi M’Imanyara seeks an order to amend the certificate of confirmation in respect of his name as well as that of the petitioner.
In the certificate of confirmation the objector/applicant’s name is reflected as Joseph Nturibi without M’Imanyara as the last name in the manner contained is his identification card. Similarly in the petitioner’s last name, M’Imanyara has been omitted in the certificate. Under Section 74 of the Law of Succession Act such omission or errors are curable by alteration or amendment.
This application is, therefore, granted and the names of the objector/applicant and the petitioner shall be corrected as suggested in (a) of the Notice of Motion dated 20th April, 2006.
It is also noted that, the certificate of confirmation as issued on 12th February, 2001 is incomplete.
That omission also to be rectified.
I make no orders as to costs.
DATED AND DELIVERED AT MERU THIS 18th DAY OF May, 2007.
W. OUKO
JUDGE