[2016] KEHC 2116 (KLR)
The court found that the application for rectification was merited as it sought to correct a typographical error in the title number of a property listed in the Certificate of Confirmation of Grant. The correction did not alter the substance of the distribution or the identity of the beneficiary entitled to the...
Source-derived case information.
- Citation
- [2016] KEHC 2116 (KLR)
- Parties
- Applicant: Ninah Mbithe Mutiso; Respondent: Joseph Musyoka Mutevu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1065 of 2011
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- DO Ogembo
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Typographical Error in Title, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ninah Mbithe Mutiso
Applicant
Joseph Musyoka Mutevu
Respondent
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 correct a typographical error in the title number.
- 2 Whether the rectification affects the distribution of the estate or the beneficiary entitled to the property.
Ratio Decidendi
The court found that the application for rectification was merited as it sought to correct a typographical error in the title number of a property listed in the Certificate of Confirmation of Grant. The correction did not alter the substance of the distribution or the identity of the beneficiary entitled to the property. No objections were raised by any beneficiaries, and the rectification was necessary to facilitate the proper distribution of the estate and closure of the matter. Accordingly, the court allowed the application for rectification of the grant as prayed.
Court Disposition
application for rectification of grant allowed
Orders
- The Certificate of Confirmation of Grant dated 26/01/2016 is rectified to reflect Machakos Town Block 3/1973 instead of Machakos Town Block 3/973.
- Costs of the application to be provided for.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 1065 OF 2011
IN THE MATTER OF THE ESTATE OF THE LATE MUYA KALLA alias MUYA KALA MUTUA (DECEASED)
NINAH MBITHE MUTISO ................................... PETITIONER/APPLICANT
VERSUS
JOSEPH MUSYOKA MUTEVU ........................................... RESPONDENTS
RULING OF THE COURT
1. Before the court is Summons for Rectification of Grant dated 18th March 2016 seeking for the orders that the Certificate of Confirmation of Grant dated 26/01/2016 issued to the Petitioner/Applicant be rectified and that the costs for the application be provided for.
2. The application is supported by affidavit of Ninah Mbithe Mutisosworn on 18th March 2016.
3. The Applicant seeks to rectify citation of title from Machakos Town Block 3/973 to Machakos Town Block 3/1973. The difference arose out of typographical error. The said title was in the grant which was confirmed on 26th January 2016 and was given to Peter Gikonyo Ndeto who is to remain the beneficiary of the same even after rectification herein sought.
4. I have carefully considered the application. It is well supported and is merited. None of the beneficiaries have objected to it. Further, in order for the estate to be distributed and this matter closed, the application for rectification of the grant should be allowed as I hereby do.
Orders accordingly.
Dated and delivered at Machakos this 11thday of October 2016.
………………………………………
E. OGOLA
JUDGE
In the presence of
Mr. Tamata holding brief for Mr. Ngolya
Court Assistant – Mr. Munyao