[2023] KEHC 26112 (KLR)
The court found that the property Kisumu/Kasule/2043, which the applicant sought to include through rectification, was already part of the estate as per the certificate of confirmation of grant dated August 2, 2022. There was no omission or need for further rectification. The court emphasized the statutory...
Source-derived case information.
- Citation
- [2023] KEHC 26112 (KLR)
- Parties
- Applicant: Cornelia Awuor Okore
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 635 of 2009
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant dismissed; directions issued for filing of accounts.
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cornelia Awuor Okore
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the property Kisumu/Kasule/2043 was omitted from the list of assets in the estate of the deceased.
- 2 Whether there is need for further rectification of the grant to include any other asset.
- 3 Whether the Administratix has complied with the statutory duty to file true and accurate accounts of the estate.
Ratio Decidendi
The court found that the property Kisumu/Kasule/2043, which the applicant sought to include through rectification, was already part of the estate as per the certificate of confirmation of grant dated August 2, 2022. There was no omission or need for further rectification. The court emphasized the statutory obligation of the Administratix to file true and accurate accounts of the estate's distribution under section 83 of the Law of Succession Act. The court directed compliance with this requirement within six months, failing which the confirmed grant would be revoked. The file was closed except for compliance with this order.
Court Disposition
Application for rectification of grant dismissed; directions issued for filing of accounts.
Orders
- Administratix to file true and accurate accounts of the distribution of the estate within six months as per section 83 of the Law of Succession Act.
- In default of compliance, the confirmed grant shall be revoked.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Alex Onyuka Edwards Okore alias Alex Onyuka E Okore - Deceased (Succession Cause 635 of 2009) [2023] KEHC 26112 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26112 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 635 of 2009
RE Aburili, J
November 30, 2023
IN THE MATTER OF THE ESTATE OF ALEX ONYUKA EDWARDS OKORE alias ALEX ONYUKA E. OKORE – DECEASED AND IN THE MATTER OF AN APPLICATION BY CORNELIA AWUOR OKORE - PETITIONER
Ruling
1. I have considered the application/summons for rectification of grant dated February 11, 2022. The Petitioner Cornelia Awuor Okore was issued with a grant on February 9, 2010 which was confirmed on December 7, 2010 and rectified on August 2, 2022.
2. All the beneficiaries of the estate had consented to the mode of distribution of the estate.
3. In the summons for rectification of the grant, the Petitioner seeks to have a property which was inadvertently left out of the list of assets included. The property is Kisumu/Kasule/2043.
4. However, that property was already included in the estate vide the certificate of confirmation of grant issued on 2nd August 2022.
5. There is no other application seeking to include any other asset.
6. Accordingly, I direct that Administratix to file into court true and accurate accounts of the distribution of the estate of the deceased Alex Onyuka Edwards alias Alex Onyuka E. Okore, as stipulated in section 83 of the Law of Succession Act.
7. The Administratix to comply with this order within six (6) months in default, the grant as confirmed shall be revoked.
8. This file is closed save for the compliance with the above order.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 30TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE