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|Case Number:||Succession Cause 970 of 2014|
|Parties:||In re Estate of the Late Robinson Wachira Mwangi (Deceased)|
|Date Delivered:||16 Dec 2020|
|Court:||High Court at Nyeri|
|Citation:||In re Estate of the Late Robinson Wachira Mwangi (Deceased)  eKLR|
|Case Outcome:||Application allowed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
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)
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)
Dated, Signed and Delivered Electronically at Nyeri this 16TH day December, 2020.
HON. LADY JUSTICE A. MSHILA