[2024] KEHC 2714 (KLR)

[2024] KEHC 2714 (KLR)

The court determined that it was just and equitable to amend the certificate of confirmation of grant to reflect the correct acreage of shared assets for each beneficiary and to include LR. No. Suna East/Wasweta/1/9031. The court further held that properties agreed to be sold and shared equally should be registered...

Source-derived case information.

Citation
[2024] KEHC 2714 (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 Amendment of Certificate of Confirmation of Grant
Outcome
Application for amendment of certificate of confirmation of grant allowed; fresh certificate to issue as ordered; file closed.
Judges
RE Aburili
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate, Joint Registration, Beneficiary Rights
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate Joint Registration Beneficiary Rights

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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 Amendment of Certificate of Confirmation of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be amended to reflect the acreage of shared assets for each beneficiary.
  2. 2 Whether LR. No. Suna East/Wasweta/1/9031 should be included in the estate distribution.
  3. 3 Whether properties agreed to be sold and shared equally should be registered in the joint names of all beneficiaries.

Ratio Decidendi

The court determined that it was just and equitable to amend the certificate of confirmation of grant to reflect the correct acreage of shared assets for each beneficiary and to include LR. No. Suna East/Wasweta/1/9031. The court further held that properties agreed to be sold and shared equally should be registered in the joint names of all beneficiaries before sale, ensuring transparency and equal entitlement to the proceeds. The court found no opposition to the application and concluded that the proposed amendments and procedures would facilitate a fair and orderly distribution of the estate in accordance with the wishes of the beneficiaries and the requirements of the Law of Succession...

Court Disposition

Application for amendment of certificate of confirmation of grant allowed; fresh certificate to issue as ordered; file closed.

Orders

  • A fresh certificate of confirmation shall issue, amended to reflect the acreage of the shared assets for each beneficiary and to include LR. No. Suna East/Wasweta/1/9031.
  • Properties agreed to be sold and shared equally shall be contained in one area where all beneficiaries are listed and the acreage of the property identified.