In Re Estate of Benard Elija Getonto (Deceased) [2014] KEHC 5509 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

SUCCESSION CAUSE NO. 2771 OF 2005

IN THE MATTER OF THE BENARD ELIJA GETONTO – (DECEASED)

RULING

1.  The application dated 16th May 2013 seeks rectification of the certificate of confirmation of grant last amended on 18th January, 2012.

2.  At the time of confirmation, LR No. Mavoko Town Block 3/4357 devolved upon the applicant, Sophia Kemunto Nyangai.  The said beneficiary has now come to court on the basis that the said property has been subdivided into ten (10) units.  She would now like the certificate of confirmation of grant amended so as to reflect the said subdivisions.

3.  There is merit in the said application. I hereby allow the same. The certificate of confirmation of grant shall be amended to reflect the devolution of the said 10 subdivisions in favour of Sophia Kemunto Nyangai.

4.  It is so ordered.

DATED, SIGNED and DELIVERED at NAIROBI this 25th DAY OF April, 2014.

W. MUSYOKA

JUDGE

In the presence of Mr. Mwangi for Mrs. Weya advocate for the applicant.