[2024] KEHC 6668 (KLR)

[2024] KEHC 6668 (KLR)

The court found that the application for rectification of the certificate of confirmation of grant was merited, as the applicants had provided an amended schedule of distribution and there was no objection or contrary evidence. The court exercised its discretion under section 74 of the Law of Succession Act to allow...

Source-derived case information.

Citation
[2024] KEHC 6668 (KLR)
Parties
Applicant: Christine Atieno Ochieng; Applicant: Gerald Onjuro Onywera; Applicant: Silvester Awuor Obiero
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause E018 of 2022
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
Application for rectification of grant allowed.
Judges
MS Shariff
Legal Topics
Rectification of Grant, Distribution of Estate, Confirmation of Grant
Source Language
en
Family and Children Rectification of Grant Distribution of Estate Confirmation of Grant

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Parties

Christine Atieno Ochieng

Applicant

Gerald Onjuro Onywera

Applicant

Silvester Awuor Obiero

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be rectified to reflect the amended schedule of distribution.

Ratio Decidendi

The court found that the application for rectification of the certificate of confirmation of grant was merited, as the applicants had provided an amended schedule of distribution and there was no objection or contrary evidence. The court exercised its discretion under section 74 of the Law of Succession Act to allow the rectification, ensuring that the estate would be distributed in accordance with the amended schedule annexed to the supporting affidavit.

Court Disposition

Application for rectification of grant allowed.

Orders

  • The certificate of confirmation of grant is rectified and the estate of the deceased shall be distributed in accordance with the amended schedule of distribution annexed to the supporting affidavit and marked as CGS-3.
  • A rectified certificate of confirmation of grant to issue accordingly.