In Re The Estate of Wallace Wamukuru Nyota [2010] KEHC 4059 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Succession Cause 1908 of 2007

IN THE ESTATE OF WALLACE WAMUKURU NYOTA alias WAMUKURU NYOTA

RULING

Before me is a Summons for Rectification of Grant dated 22nd June, 2009 filed by Mwaura Shairi & Company advocates for the petitioner/ administrator, applicant named as ROBINSON KAMAU W. NYOTA. The orders sought in the application are as follows:-

1. The grant of letters of administration and certificate of confirmation of grant issued to ROBINSON KAMAU W. NYOTA in this matter on the 9th February, 2009 be rectified by adding the name WALLACE W. NYOTA

2. The costs of this application be provided for.

The application was filled with an affidavit sworn on 22nd June, 2009 by the applicant. It is deposed in paragraph 2 and 4 of the said affidavit with regard to names of the deceased as follows:-

3. THAT is one of the properties in his name his names are entered as WAMUKURU NYOTA and in another property his names are entered as WALLACE W. NYOTA Annexed hereto and marked KRWN: 1 are copies of the relevant documents.

4. That to enable me to distribute the estate of the deceased, I require a Grant of Letters of Administration and a Certificate of confirmation of Grant in the names of WALLACE WAMUKURU NYOTA also known as WAMUKURU NYOTA also known as WALLACE W. NYOTA.

I have seen a certificate of confirmation of grant issued by the court on 5th November, 2008. The deceased is described therein as WALLACE WAMUKURU NYOTA.The said certificate of confirmation of grant was rectified on 9th February, 2009. The names of the deceased in this rectified grant are recorded as WALLACE WAMUKURU NYOTA also known as WAMUKURU NYOTA. This is therefore a second request for rectification of grant, to include a name purportedly used by the deceased. The name WAMUKURU is now being replaced by an initial W. in the proposed additional name.

Having considered the application and documents filed, I find that this application is made in good faith. I therefore allow the application and grant prayer 1 as requested. Costs in the cause.

Dated and delivered at Nairobi this 20th day of January, 2010.

George Dulu

Judge

In the presence of:-

Mr. Mwaura for the petitioner

David – Court clerk