1. Before the Court is the Notice of Motion dated 29th January 2026 seeking review and variation of the Certificate of Confirmation of Grant issued on 29th November 2024 to include several properties said to have been inadvertently omitted from the estate.
2. The application is supported by the affidavit of the administrators who depose that the omitted properties form part of the estate of the deceased but were inadvertently left out during the process of confirmation of grant.
3. The administrators have exhibited certificates of official search demonstrating that the properties were registered in the name of the deceased. They have further exhibited a consent executed by all the beneficiaries in support of the application.
4. When the matter came before the Court, all the beneficiaries appeared and confirmed that they support the application and have no objection to the inclusion of the omitted properties in the estate.
5. Having considered the application, the supporting affidavit and the documents placed before the Court, I am satisfied that the omission of the properties from the confirmed grant was inadvertent and that the application is unopposed.
6. In the circumstances, the Court finds merit in the application.
7. Accordingly, the Notice of Motion dated 29th January 2026 is allowed. The Certificate of Confirmation of Grant issued on 29th November 2024 is hereby reviewed and varied by including the following properties as assets of the estate:
a. Mombasa/M.S/Block I/1616;
b. Mombasa/M.S/Block I/1628;
c. Mombasa/M.S/Block I/1632;
d. Mombasa/M.S/Block I/1638;
e. Mombasa/M.S/Block I/1639;
f. Mombasa/M.S/Block I/1640;
g. Mombasa/M.S/Block I/1641;
h. Mombasa/M.S/Block I/1642;
i. Mombasa/M.S/Block I/1645;
j. Mombasa/M.S/Block I/1647;
k. Mombasa/M.S/Block I/1655; and
l. Mombasa/M.S/Block I/1210.
8. The Deputy Registrar shall issue an amended Certificate of Confirmation of Grant reflecting the inclusion of the aforesaid properties.
9. There shall be no order as to costs.
2. The application is supported by the affidavit of the administrators who depose that the omitted properties form part of the estate of the deceased but were inadvertently left out during the process of confirmation of grant.
3. The administrators have exhibited certificates of official search demonstrating that the properties were registered in the name of the deceased. They have further exhibited a consent executed by all the beneficiaries in support of the application.
4. When the matter came before the Court, all the beneficiaries appeared and confirmed that they support the application and have no objection to the inclusion of the omitted properties in the estate.
5. Having considered the application, the supporting affidavit and the documents placed before the Court, I am satisfied that the omission of the properties from the confirmed grant was inadvertent and that the application is unopposed.
6. In the circumstances, the Court finds merit in the application.
7. Accordingly, the Notice of Motion dated 29th January 2026 is allowed. The Certificate of Confirmation of Grant issued on 29th November 2024 is hereby reviewed and varied by including the following properties as assets of the estate:
a. Mombasa/M.S/Block I/1616;
b. Mombasa/M.S/Block I/1628;
c. Mombasa/M.S/Block I/1632;
d. Mombasa/M.S/Block I/1638;
e. Mombasa/M.S/Block I/1639;
f. Mombasa/M.S/Block I/1640;
g. Mombasa/M.S/Block I/1641;
h. Mombasa/M.S/Block I/1642;
i. Mombasa/M.S/Block I/1645;
j. Mombasa/M.S/Block I/1647;
k. Mombasa/M.S/Block I/1655; and
l. Mombasa/M.S/Block I/1210.
8. The Deputy Registrar shall issue an amended Certificate of Confirmation of Grant reflecting the inclusion of the aforesaid properties.
9. There shall be no order as to costs.