Ruling
Before me is a summons for rectification of grant dated the 3rd May 2024, for rectification of discrepancy of the Applicants names. The same is brought pursuant to Section 47 of the law of Succession Act Chapter 160 of the Laws of Kenya and Under Section 43(1) of the (law of succession rules) seeking the following reliefs;
i. That the Application be certified as urgent and be heard on a priority basis.
ii. That, the honourable court do amend the names of GRACE WANJIRU MUCHEMI whose identification card does not correspond with the name given at the time of filing the Certificate of confirmation of grant.
iii. That, the parcel Bahati/Bahati Block 1/7671 up to 1/7675 was misdescribed in the certificate Confirmation of grant to read Bahati/kabatini Block 17671-1765 which should be amended to enable transfer by transmission by the land registrar.
iv. That, costs be in the cause.
2. The Application is further supported by the Affidavit of Grace Wanjiru Muchemi describing the typological errors in her names as described and the misdescription of the properties subject to transmission.
3. Upon reading the entire summons for rectification and the affidavit in support this court is thus persuaded on the merit on the same and that no prejudice shall be occasioned on any party if the same was to be allowed.
4. This court is thus minded to allow the Summons for rectification of grant dated 3rd May 2024, and make the following final orders;
a. That the Summons for rectification of grant dated 3rd May 2024 is hereby certified as urgent to be heard ex-parte, service of the same is dispensed within the first instance.
b. That, names GRACE WANJIRU MUCHEMI NGUYO in the Grant, is hereby amended to read GRACE WANJIRU MUCHEMI to correspond with the names as appearing in her identification card.
c. That, the parcel described in the certificate Confirmation of grant as Bahati/kabatini Block 17671-1765, is hereby amended to read, Bahati/Bahati Block 1/7671 up to 1/7675, to enable transfer by transmission by the land registrar.
d. That, costs be in the cause.
It is So Ordered.