1. Before the Court is the Notice of Motion dated 18 March 2026 seeking amendment of the Certificate of Confirmation of Grant issued on 24 January 2020. The application is supported by the affidavit of Paul Mwendwa Chanda sworn on 18 March 2026.
2. The applicant depones that the Certificate of Confirmation of Grant describes one of the estate properties as “Residential House on Plot No. XVIII/771/A – Sagana Street” whereas the correct description of the property is Title No. MOMBASA/BLOCK XVII/771/A. It is further deponed that the error was inadvertent, is clerical in nature and does not affect either the beneficiaries or their respective shares in the estate.
3. The application has been expressed to be brought under provisions of the Civil Procedure Act and the Civil Procedure Rules. However, succession proceedings are governed by the Law of Succession Act and the Probate and Administration Rules. The applicable provisions are Section 74 and 47 of the Law of Succession Act and Rule 43 and rule 73 of the Probate and Administration Rules which empower the Court to rectify errors in names and descriptions appearing in grants.
4. I have considered the application and the material placed before the Court. The annexed title documents support the contention that the property is known as MOMBASA/BLOCK XVII/771/A. The proposed amendment does not alter the beneficiaries of the estate, their respective entitlements or the mode of distribution approved by the Court.
5. I am satisfied that the error complained of is an error in description within the meaning of Section 74 of the Law of Succession Act and is therefore amenable to rectification.
6. Consequently, the application is allowed. The Certificate of Confirmation of Grant dated 24 January 2020 is hereby rectified by substituting the description “Residential House on Plot No. XVIII/771/A – Sagana Street” with “MOMBASA/BLOCK XVII/771/A”.
7. The Deputy Registrar shall issue a rectified Certificate of Confirmation of Grant reflecting the foregoing amendment. There shall be no order as to costs.
It is so ordered.
2. The applicant depones that the Certificate of Confirmation of Grant describes one of the estate properties as “Residential House on Plot No. XVIII/771/A – Sagana Street” whereas the correct description of the property is Title No. MOMBASA/BLOCK XVII/771/A. It is further deponed that the error was inadvertent, is clerical in nature and does not affect either the beneficiaries or their respective shares in the estate.
3. The application has been expressed to be brought under provisions of the Civil Procedure Act and the Civil Procedure Rules. However, succession proceedings are governed by the Law of Succession Act and the Probate and Administration Rules. The applicable provisions are Section 74 and 47 of the Law of Succession Act and Rule 43 and rule 73 of the Probate and Administration Rules which empower the Court to rectify errors in names and descriptions appearing in grants.
4. I have considered the application and the material placed before the Court. The annexed title documents support the contention that the property is known as MOMBASA/BLOCK XVII/771/A. The proposed amendment does not alter the beneficiaries of the estate, their respective entitlements or the mode of distribution approved by the Court.
5. I am satisfied that the error complained of is an error in description within the meaning of Section 74 of the Law of Succession Act and is therefore amenable to rectification.
6. Consequently, the application is allowed. The Certificate of Confirmation of Grant dated 24 January 2020 is hereby rectified by substituting the description “Residential House on Plot No. XVIII/771/A – Sagana Street” with “MOMBASA/BLOCK XVII/771/A”.
7. The Deputy Registrar shall issue a rectified Certificate of Confirmation of Grant reflecting the foregoing amendment. There shall be no order as to costs.
It is so ordered.