In re Estate of the Late Warutere S/O Mutitu alias Moses Warutere Mutitu (Deceased) [2021] KEHC 7171 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

SUCCESSION CAUSE NO.162 of 1999

IN THE MATTER OF THE ESTATE OF THELATE WARUTERE S/o MUTITU

aliasMOSES WARUTERE MUTITU  (DECEASED)

SERAH NYOKABI...........................................................................PETITIONER

RULING

1. The  application  is dated the 25/02/2021 and is made  under the provisions of Section 74 of the Law of Succession Act and seeks to rectify and correct the title Number of the property listed in the Certificate of Confirmation of Grant  issued on 11/03/2020.

2. The application is premised on the grounds on the face of the application and on the supporting affidavit dated 25/02/2020 made by SERAH NYOKABI.

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 allow 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 to include the correct title number 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 hereby allowed.

6. The Certificate of Confirmation of Grant issued on 11/03/2020 is hereby rectified to read RUGURU/KIAMARIGA/1405.

Orders Accordingly

DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NYERI THIS 6TH MAY, 2021.

HON. LADY JUSTICE A. MSHILA

JUDGE