1.What is before this Court is Summons for Rectification of grant dated 12th April 2022. The administrator of the deceased estate, Jemmimah Wambui Gitau prays for the Certificate of Confirmation of Grant issued on 4th July 2005 be rectified. The administrator stated that the deceased bank account KCB Bank No. xxxx was erroneously stated as Kenya Commercial Bank ordinary shares A/C No. xxxx. Annexed to the summons is a copy of a cancelled bank cheque as proof that KCB Bank account No. xxxx belongs to the deceased.
2.Section 74 of the Law of Succession Act empowers the Court to make rectification of a grant of representation whether before or after confirmation. The provision stipulates as follows: -
3.Furthermore, Rule 43(1) of the Probate and Administration Rules provides that:-
4.From the aforementioned provisions, rectification is allowed in order to correct a misdescription of a property or to correct a name which has not been fully or properly described in the grant. I hereby allow the Summons for rectification dated 12th April 2022. The Certificate of Confirmed Grant issued on 4th July 2005 is hereby rectified as follows:a.Kenya Commercial Bank Ordinary shares A/C No. xxxx be rectified to read as KCB Bank No. xxxx.b.Cost be in the causeIt is so Ordered.