REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
SUCCESSION CAUSE NO 40 OF 2001
IN THE MATTER OF THE ESTATE OF SAULO WAKALIKHA MASONI ( DECEASED)
PATRICK MASONI WALIKHA…………………………………………………………………………. 1ST PETITIONER
JACOB MUKOYANI………………………………………………………………………………………… 2ND PETITIONER
AND
MARTHA NASONG’O………………………………………………………………………………………… PROTESTOR
RULING
- Vide a summons for confirmation of grant dated 31st day of January 2025, supported by an affidavit sworn by Jacob Mukoyani on even date, the 2nd petitioners craves that his named be amended to read Jacob Wanjala Mukoyani as it appears in his national identity card and that the certificate of confirmation of grant to reflect his correct name.
- It is noteworthy that this application ought to have been titled as a summons for rectification of grant and not otherwise. This court will however, in light of the fact that this application is uncontested, treat this error as technical and I will invoke the provisions of article 159 (2) (d) which enjoins this court to administer justice without undue regard to procedural technicalities. This court is clothed with the requisite jurisdiction to entertain this application under section 47 of the Law of Succession Act Cap 160 Laws of Kenya which provides that :-
“The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and to pronounce such decrees and make such orders therein as may be expedient.”
- I have duly considered the application herein and I do find that it is well merited. I thus allow it and I proceed to make the following orders :-
- The name of the 2nd Petitioner is hereby rectified to read as Jacob Wanjala Mukoyani.
- The certificate of confirmation of grant to reflect the correct name of the 2nd petitioner.
- This file is marked as closed.
Delivered, signed and dated in Bungoma this 11th day of February 2025.
MWANAISHA S SHARIFF
JUDGE