In re estate of Douglas Francis Peter Mutua alias Mutisya (Deceased) [2016] KEHC 2421 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

PROBATE & ADMINISTRATION CAUSE NO.43 OF 2002

IN THE MATTER OF THE ESTATE OF DOUGLAS FRANCIS

PETER MUTUA alias MUTISYA (DECEASED)

JACINTA KOKI MUTUA

JACQUILINE MUTHOKI MUTUA.....APPLICANTS/ PETITIONERS

RULING

1. The summons for Rectification of Grant before the court is dated and filed herein on 17th May, 2016.  The application seeks to secure an order that the name Jacquiline Muthoki Mutua the 2nd Petitioner herein be included in the Certification of confirmation of Grant.

2. The Grant of letter of Administration intestate was issued to the Petitioners on the 27th June, 2002 and the confirmation of Grant was issued on the 22nd January, 2007 to Jacinta Koki Mutua, leaving out Jacquiline Muthoki Mutua.  This application seeks to rectify that anomally.

3. The application is supported by affidavit of both Petitioners sworn and filed herein on 17th May, 2016.

4. I have carefully considered the application.  I have also confirmed from the court record that the Letters of Administration intestate were issued for the two Petitioners jointly on 27th June, 2002 and the same was confirmed on 22nd January, 2007 but the 2nd Petitioner’s name was left out.  That was a mistake that can be cured by this application.  Indeed both Petitioners have filed this application and there is no objection.  All the beneficiaries have also consented for the rectification vide a consent filed herein on 17th May, 2016.

5. In the upshot the Summons for Rectification of Grant under reference is hereby allowed as prayed with costs in the cause.

Read, Delivered and Dated this 14th day of September, 2016.

E.K. OGOLA

JUDGE