[2013] KEHC 6071 (KLR)

[2013] KEHC 6071 (KLR)

The court held that Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules only permit rectification of grants in cases of errors in names and descriptions, errors as to time or place of death, or the purpose of a limited grant. The omission of an entire property from the schedule of assets due to lack of knowledge at the time of confirmation does not constitute an error within the meaning of these provisions. Furthermore, the application was improperly brought by only one administrator, whereas the law requires joint action by all administrators. The court also found that there was insufficient evidence to justify devolving the property to a...

Citation
[2013] KEHC 6071 (KLR)
Parties
Applicant: James Kariuki Mwangi; Respondent: Peterson Muriithi Ndungu
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 February 2013
Case Number
Succession Cause 261 of 2008
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
application dismissed with costs
Legal Topics
Rectification of Grant, Omission of Asset, Succession Procedure, Distribution of Estate
Source Language
English
Family and Children Rectification of Grant Omission of Asset Succession Procedure Distribution of Estate

Case Brief

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Parties

James Kariuki Mwangi

Applicant

Peterson Muriithi Ndungu

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the omission of Gakawa/Kahurura Block 2/115 from the confirmed grant can be rectified under Section 74 of the Law of Succession Act.
  2. 2 Whether the property can devolve to a purchaser who is not a survivor of the deceased.
  3. 3 Whether a single administrator can validly bring an application for rectification without the co-administrator.

Ratio Decidendi

The court held that Section 74 of the Law of Succession Act and Rule 43(1) of the Probate and Administration Rules only permit rectification of grants in cases of errors in names and descriptions, errors as to time or place of death, or the purpose of a limited grant. The omission of an entire property from the schedule of assets due to lack of knowledge at the time of confirmation does not constitute an error within the meaning of these provisions. Furthermore, the application was improperly brought by only one administrator, whereas the law requires joint action by all administrators. The court also found that there was insufficient evidence to justify devolving the property to a...

Court Disposition

application dismissed with costs

Orders

  • The application for rectification of the confirmed grant is dismissed with costs.