[2024] KEHC 2149 (KLR)
The court found that the application for rectification was uncontested and that no prejudice would be occasioned to any beneficiary by indicating the acreage of the landed properties or by including the omitted asset, Parcel No. LR Suna East/Wasweta/1/9031. The court emphasized that succession is a one-time process...
Source-derived case information.
- Citation
- [2024] KEHC 2149 (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 Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Distribution of Estate, Omitted Assets, Certificate of Confirmation, Beneficiary Agreement
- 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 Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be further rectified to indicate acreage of landed properties and include an omitted asset.
- 2 Whether the inclusion of the omitted asset and indication of acreage prejudices any beneficiary.
Ratio Decidendi
The court found that the application for rectification was uncontested and that no prejudice would be occasioned to any beneficiary by indicating the acreage of the landed properties or by including the omitted asset, Parcel No. LR Suna East/Wasweta/1/9031. The court emphasized that succession is a one-time process and all assets must be accounted for. The inclusion of the omitted asset and the clarification of acreage would facilitate proper distribution and registration of shares. The court allowed the application, set aside the earlier confirmation as amended, and ordered a further rectified certificate of confirmation of grant to issue, subject to clarification of the schedule by the...
Court Disposition
Application for rectification of grant allowed.
Orders
- Summons for rectification of grant filed on 19th February 2024 allowed.
- Earlier confirmation as amended on 17th November 2023 set aside.
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) [2024] KEHC 2149 (KLR) (6 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2149 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 23 of 2018
RE Aburili, J
March 6, 2024
IN 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. On 11th November 2023, this court rectified the certificate of confirmation of grant issued on 28th February 2023.
2. The Administrators are back into court seeking for further rectification vide undated summons filed on 19th February 2024 on the ground that the acreage of the fixed assets (landed) properties was not indicated in the schedule of distribution and secondly, that they have discovered another asset which is Parcel No. LR No. Suna East/Wasweta/1/9031 which was never included in the list of assets and that the beneficiaries have agreed to have the said asset sold and proceeds shared amongst the beneficiaries according to the percentage set out in the schedule.
3. As these are not contested proceedings and as no prejudice will be occasioned to any beneficiary since indication of the acreage will facilitate the survey and Registration of the respective shares of parcels of land in favour of the listed beneficiaries, and as inclusion of an asset left out is crucial noting that succession process is done only once for an estate of a deceased person, I hereby allow the summons for rectification of grant filed on 19th February 2024.
4. I set aside the earlier confirmation as amended on 17th November 2023 and substitute the same with an order further rectifying the certificate of confirmation of grant to include the acreage in (words) and the distribution of assets to include parcel No. LR Suna East/Wasweta/1/9031 which has been agreed to be sold and proceeds shared amongst the beneficiaries according to the percentages set out in the schedule, subject to the petitioner’s advocate addressing the court on that schedule which is not clear. The registry will notify counsel for the applicants to appear before court on 20/3/2024 to give an explanation on the fresh schedule before the Certificate of confirmation is typed and signed.
5. A fresh further rectified certificate of confirmation of grant to issue.
6. Subject to the provisions of Section 83 of the Law of Succession Act, this file is now closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF MARCH, 2024R. E. ABURILIJUDGE