Philipinus Njiru Kuura v Zakaria Nyaga M’mungori [2018] KEHC 5956 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISC. SUCC. APPLICATION NO. 73 OF 2007

PHILIPINUS NJIRU KUURA ............................ OBJECTOR

VERSUS

ZAKARIA NYAGA M’MUNGORI....................PETITIONER

R U L I N G

1. By his Summons for Rectification dated 30th May, 2018, the applicant has applied for the correction of typing errors in the Judgment dated 12th November, 2014 and consequent thereto for the reissuance of the grant to him. The application is brought under Rules 49 and 73 of the Probate and Administrative Rules Cap 160 of the Laws of Kenya.

2. The errors were said to be in pages 1, 6, 12 14 and 15. These are that; the title to the Judgment should have been In the Estate of M’Kuura M’Munyoriinstead of Im the Estate of M’Kuuru M’Munyori;that Kuura M’Munyoribought land from her late husband instead of form his husband; that the name of property L.R. No. Muthmabi/Upper Karimba/767should have read as L.R Muthambi/Upper Karimba/761;that the date of the confirmed grant should have been 28th July, 2004 and not 28th June, 2004 and that the judgment should have shown that I was signed dated and delivered on 12th November, 2014 and not 12th October, 2010.

3. Mr. Mokua for the respondent indicated that they were not opposed to the application. Mr. Nyamu for the applicant therefore urged the court to allow the application as prayed.

4. I have considered the application and the entire record. I am satisfied that the errors pointed out are true and that the judgment should have read as prayed by the applicant. In the circumstances, I allow the application as prayed in the application. Let the judgment be retyped and with the corrections suggested by the applicant.

Orders accordingly.

DATED and DELIVEREDatt Meru this 28th day of June, 2018.

A. MABEYA

JUDGE