[2024] KEHC 10585 (KLR)

[2024] KEHC 10585 (KLR)

The court found that since all beneficiaries had consented to the rectification and agreed to share equally the proceeds of the omitted bank account balances at Eco Bank Limited, there was no legal impediment to granting the orders sought. The court allowed the summons for rectification of grant and ordered that a...

Source-derived case information.

Citation
[2024] KEHC 10585 (KLR)
Parties
Applicant: Anna Kaluhi Hassan (Deceased); Respondent: Beneficiaries of the Estate of Anna Kaluhi Hassan
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause E046 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
summons for rectification of grant allowed
Judges
RE Aburili
Legal Topics
Succession, Rectification of Grant, Distribution of Estate, Consent of Beneficiaries
Source Language
en
Family and Children Succession Rectification of Grant Distribution of Estate Consent of Beneficiaries

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Summary, issues, holding and outcome

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Parties

Anna Kaluhi Hassan (Deceased)

Applicant

Beneficiaries of the Estate of Anna Kaluhi Hassan

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the grant of confirmation should be rectified to include omitted bank account balances.
  2. 2 Whether the distribution of the omitted bank balances should follow the beneficiaries' consent.

Ratio Decidendi

The court found that since all beneficiaries had consented to the rectification and agreed to share equally the proceeds of the omitted bank account balances at Eco Bank Limited, there was no legal impediment to granting the orders sought. The court allowed the summons for rectification of grant and ordered that a fresh certificate of confirmation of grant be issued to reflect the omitted bank account and distribute the balances as per the beneficiaries' consent.

Court Disposition

summons for rectification of grant allowed

Orders

  • A fresh certificate of confirmation of grant shall issue reflecting the omitted Eco Bank Limited account and distributing the bank balances as per the beneficiaries' consent.
  • This file is now closed.