In re Estate of the Late Robinson Wachira Mwangi (Deceased) [2020] KEHC 1024 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYERI

SUCCESSION CAUSE NO. 970 OF 2014

IN THE MATTER OF THE ESTATE OF THE LATE ROBINSON WACHIRA MWANGI (DECEASED)

RULING

1. The applicant has filed an application dated the 20/08/2020 under the provisions of Section 74 of the Law of Succession Act and  Rule 43 (1) of the Probate and Administration Rules and seeks to correct the title number of one of the properties listed on the Certificate of Confirmation of Grant,  issued on the 17/10/2017.

2. The application is premised on the  grounds on the face of the application and on the supporting affidavit made by the applicant and dated 20/08/2020

3. The applicant seeks to correct the Title Number, from L.R No. NANYUKI/MUNICIPALITY 1/972 (ICHUGA)to L.R. NO. NANYUKI MARURA BLOCK 1/972 (ICHUGA)

4. 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.

5. Upon reading the application and hearing the submissions of counsel appearing for the applicant, this court is satisfied that the correction to include the correct title number of the property is as envisaged under the provisions of the above Section 74 and Rule 43.  The application is found to be meritorious  and is hereby allowed.

6. The Certificate of Confirmation of Grant issued on 17/10/2017 is hereby rectified to read L.R. NO. NANYUKI MARURA BLOCK 1/972 (ICHUGA)

Orders Accordingly.

Dated, Signed and Delivered Electronically at Nyeri this 16^TH day December,  2020.

HON. LADY JUSTICE A. MSHILA

JUDGE