[2023] KEHC 23497 (KLR)
The court found that the rectification sought was a minor correction of the name of the co-administrator on the certificate of confirmation of grant. Since the correction would not prejudice any party or beneficiary of the estate, the court exercised its discretion under Section 74 of the Law of Succession Act to...
Source-derived case information.
- Citation
- [2023] KEHC 23497 (KLR)
- Parties
- Applicant: Mabel Musula Oduor; Applicant: Jeniffer Wamala Nabachwa Oduor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 349 of 2010
- Procedural Posture
- Succession Cause / Ruling on Notice of Motion for Rectification of Grant
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mabel Musula Oduor
Applicant
Jeniffer Wamala Nabachwa Oduor
Applicant
Procedural Posture
Succession Cause / Ruling on Notice of Motion for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to correct the name of the co-administrator from Mabel Musula Oduor Ogallo to Mabel Musula Oduor.
Ratio Decidendi
The court found that the rectification sought was a minor correction of the name of the co-administrator on the certificate of confirmation of grant. Since the correction would not prejudice any party or beneficiary of the estate, the court exercised its discretion under Section 74 of the Law of Succession Act to allow the application. The certificate of confirmation of grant was ordered to be rectified to reflect the correct name, Mabel Musula Oduor, and a rectified certificate was to issue forthwith.
Court Disposition
application allowed
Orders
- The Notice of Motion dated July 3, 2023 is allowed.
- The name of the co-administrator on the certificate of confirmation of grant is rectified to read Mabel Musula Oduor.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Alford Peter Oduor Ogallo alias Alford Oduor Ogallo alias Alford Peter Oduor (Deceased) (Succession Cause 349 of 2010) [2023] KEHC 23497 (KLR) (6 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23497 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 349 of 2010
RE Aburili, J
October 6, 2023
In The Matter Of The Estate Of Alford Peter Oduor Ogallo Alias Alford Oduor Ogallo Alias Alford Peter Oduor (Deceased)
In the matter of
Mabel Musula Oduor
1st Applicant
Jeniffer Wamala Nabachwa Oduor
2nd Applicant
Ruling
1. The Notice of motion dated July 3, 2023 seeks for orders rectifying the names of the co-administrator on the certificate of confirmation of grant issued on November 4, 2019 to read Mabel Musula Oduor and not Mabel Musula Oduor Ogallo.
2. As the rectification sought shall not prejudice any party or beneficiary of the estate of the deceased Alfred Peter Oduor Ogallo, I hereby allow the Notice of Motion dated July 3, 2023 and order that the name of the co-administrator shall be Mabel Musula Oduor.
3. Accordingly, the certificate of confirmation of grant issued on November 4, 2019 is hereby rectified to reflect the correct names of the co-administrator.
4. A rectified certificate of confirmation of grant to issue forthwith.
5. File closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE