[2023] KEHC 25719 (KLR)
The court found that the rectification sought was limited to correcting misdescriptions of estate assets and would not prejudice the estate or its beneficiaries. The rectification was deemed facilitative of the distribution of the estate. Accordingly, the application for rectification was allowed, and a fresh...
Source-derived case information.
- Citation
- [2023] KEHC 25719 (KLR)
- Parties
- Applicant: Mohammed Yamin Khan; Applicant: Mohamed Akram Khan; Applicant: Yasmin Qureshi alias Yasmin Majid Khan; Applicant: Saira Tariq Alam alias Saira Banu Alam
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Yamin Khan
Applicant
Mohamed Akram Khan
Applicant
Yasmin Qureshi alias Yasmin Majid Khan
Applicant
Saira Tariq Alam alias Saira Banu Alam
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to correct misdescription of estate assets.
- 2 Whether the rectification would prejudice the estate or beneficiaries.
Ratio Decidendi
The court found that the rectification sought was limited to correcting misdescriptions of estate assets and would not prejudice the estate or its beneficiaries. The rectification was deemed facilitative of the distribution of the estate. Accordingly, the application for rectification was allowed, and a fresh certificate of confirmation of grant was ordered to be issued with the corrected asset descriptions as listed in the application.
Court Disposition
application for rectification of grant allowed
Orders
- The application for rectification of grant dated November 14, 2023 is allowed.
- The certificate of confirmation of grant issued on February 28, 2023 is rectified by reissuing a fresh certificate with corrected descriptions of the estate assets as listed in paragraph 3 of the summons for rectification of grant dated November 14, 2023.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Abdul Majid Khan Kherdin alias Abdul Majid Khairdin (Deceased) (Succession Cause 23 of 2018) [2023] KEHC 25719 (KLR) (17 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25719 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 23 of 2018
RE Aburili, J
November 17, 2023
N THE MATTER OF THE ESTATE OF ABDUL MAJID KHAN KHERDIN alias ABDUL MAJID KHAIRDIN – DECEASED AND IN THE MATTER OF AN APPLICATION BY MOHAMMED YAMIN KHAN, MOHAMED AKRAM KHAN, YASMIN QURESHI alias YASMIN MAJID KHAN and SAIRA TARIQ ALAM alias SAIRA BANU ALAM
Ruling
1. I have considered the application dated November 14, 2023 under certificate of urgency. I certify it as urgent.
2. On the merits of the prayers sought, I observe that the applicant seeks orders for rectification of grant as confirmed by this court and rectified on February 28, 2023 by J. Kamau J, wherein it is alleged that there was misdescription of various parcels of land/assets of the estate of the deceased Abdul Majid Khan Kerdin alias Abdul Majid Khair Din.
3. That being the case, I find that the orders sought shall in no way prejudice the estate or the beneficiaries as they are facilitative of the distribution of the estate of the deceased.
4. Accordingly, I allow the application/summons for rectification of grant dated November 14, 2023 and rectify the certificate of confirmation of grant issued on February 28, 2023 by reissuing a fresh certificate of confirmation of grant with corrected descriptions of the assets of the estate of the deceased as listed in paragraph 3 of the summons for rectification of grant dated November 14, 2023.
5. I so order.
6. File closed upon reissue of the rectified Certificate of Conformation of grant.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE