In re Estate of Jamlick Koome Ukiiru (Deceased) [2024] KEHC 7098 (KLR)

In re Estate of Jamlick Koome Ukiiru (Deceased) (Succession Cause 101 of 2009) [2024] KEHC 7098 (KLR) (13 June 2024) (Ruling)

Neutral citation: [2024] KEHC 7098 (KLR)

Republic of Kenya

In the High Court at Meru

Succession Cause 101 of 2009

TW Cherere, J

June 13, 2024

In the matter of

Hellen Kerea

1st Administrator

Paulina Kaungu Mukangu

2nd Administrator

Ruling

1. By Certificate of Confirmation of Grant dated 24th August, 2017, the court distributed ½ acres of LR. Abothuguchi/Gaitu/2232 to Sarafina Gacheri who was a minor and directed that the same be held in trust by Justus Mwawira Okilo.

2. Rectification of grant is provided for in Section 74 of the Law of Succession Act, Cap 160 Laws of Kenya and Rule 43(1) of the Probate & Administration Rules. Section 74 and it can be made to correct errors in names and descriptions, or in setting forth the time and place of the deceased’s death, or the purpose in a limited grant may be rectified by the court, and the grant of representation, whether before or after confirmation, may be altered and amended accordingly.

3. By summons dated 1st February, 2023 supported by an affidavit sworn on 1st February, 2023 by Hellen Kerea, it has been demonstrated by a copy of an identity card that Sarafina Gacheri is of age and is officially known as Saraffina Gacheri Koome.

4. From the foregoing, the application dated 29th January, 2023 is allowed in the following terms:1. Certificate of Confirmation of Grant dated 24th August, 2017 shall be amended to the extent that ½ acres of LR. Abothuguchi/Gaitu/2232 shall be distributed to Saraffina Gacheri Koome2. Amended Certificate of Confirmation of Grant to issue accordingly

DELIVERED AT MERU THIS 13TH DAY OF JUNE 2024. WAMAE. T. W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicant - Mr.Kaimenyi for Kaimenyi Kithinji & Co. Advocates