[2024] KEHC 5752 (KLR)
The court found that the certificate of confirmation of grant had been rectified as requested by the applicants. There being no further issues pending and in accordance with Section 83 of the Law of Succession Act, the court ordered the closure of the file. The ruling was to be typed and uploaded in the Case...
Source-derived case information.
- Citation
- [2024] KEHC 5752 (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 Rectification and Closure of File
- Outcome
- Application for rectification of certificate of confirmation of grant allowed; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Confirmation of Grant, Rectification of Grant
- 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 Rectification and Closure of File
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified as per the application.
- 2 Whether the file should be closed following rectification and subject to Section 83 of the Law of Succession Act.
Ratio Decidendi
The court found that the certificate of confirmation of grant had been rectified as requested by the applicants. There being no further issues pending and in accordance with Section 83 of the Law of Succession Act, the court ordered the closure of the file. The ruling was to be typed and uploaded in the Case Tracking System to formalize the closure.
Court Disposition
Application for rectification of certificate of confirmation of grant allowed; file closed.
Orders
- The certificate of confirmation of grant is rectified as per the order of 18th March 2024.
- The file is closed subject to Section 83 of the Law of Succession Act.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Abdul Majid Khan Kherdin alias Abdul Majid Khair Din (Deceased) (Succession Cause 23 of 2018) [2024] KEHC 5752 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5752 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 23 of 2018
RE Aburili, J
May 9, 2024
IN THE MATTER OF APPLICATION BY MOHAMMED YAMIN KHAN, MOHAMED AKRAM KHAN, YASMIN QURESHI alias YASMIN MAJID KHAN and SAIRA TARIQ ALAM alias SAIRA BANU ALAM– PETITIONERS/APPLICANTS
Ruling
1. On 18th March 2024, this court issued an order rectifying certificate of confirmation of grant.
2. The file was closed subject to Section 83 of the Law of Succession Act but no entry into the Case Tracking System.
3. Accordingly, this file is closed and the Ruling to be typed and uploaded in the Case Tracking System closing the file.
4. I so order
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY, 2024R. E. ABURILIJUDGE