In re Estate of Julia Wambui Ngure (Deceased) [2021] KEHC 7115 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO.524 of 2011
IN THE MATTER OF THE ESTATE OF THE LATE JULIA WAMBUI NGURE (DECEASED)
CHARLES MAINA NGURE....................................................................................PETITIONER
RULING
1. The application is dated the 2/12/2020 and is made under no specific provisions of the Law; the applicant seeks to correct errors in the names of two beneficiaries.
2. The application is premised on the grounds on the face of the application and on the supporting affidavit dated 2/12/2020 made by CHARLES MAINA NGURE
3. The applicable law is found at Section 74 of the Law of Succession Act and Rule 43 of the Probate and Administration Rules – which allows for the correction of errors provided that it does not affect the substance of the Grant.
4. Upon reading the application and hearing the submissions of counsel appearing for the applicants, this court is satisfied that the correction of the names which are supported by copies of their National Identity Cards is as envisaged under the provisions of Section 74 of the Law of Succession Act.
5. The application is found to be mentorious and is therefore allowed.
6. The names of the two beneficiaries on the Certificate of Confirmation of Grant issued on 11/03/2020 are hereby corrected to read (1) JANE WANGARE NGURE instead of JANE WANGARI NGURE. (2) WILLIAM GATEU NGURE instead of WILLIAM GATERU NGURE.
Orders Accordingly
Dated, Signed and Delivered Electronically at Nyeri this 6th day of MAY, 2021.
HON. LADY JUSTICE A. MSHILA
JUDGE