[2022] KEHC 15491 (KLR)
The court found that the Grant and Certificate of Confirmation contained an error regarding the allocation of shares and the identification of the correct beneficiary. Since the beneficiaries confirmed the proposed rectification in open court and there was no opposition or submissions to the contrary, the court...
Source-derived case information.
- Citation
- [2022] KEHC 15491 (KLR)
- Parties
- Applicant: Mamaiye Sidai Mperewuas; Respondent: Sooi Sida; Respondent: Kotukash Osidai; Respondent: Esho Osidai
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 17 of 2018
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Judges
- SN Mutuku
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Distribution of Estate, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mamaiye Sidai Mperewuas
Applicant
Sooi Sida
Respondent
Kotukash Osidai
Respondent
Esho Osidai
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the Grant of Letters of Administration and Certificate of Confirmation should be rectified to accurately reflect the shares and beneficiaries of the estate.
Ratio Decidendi
The court found that the Grant and Certificate of Confirmation contained an error regarding the allocation of shares and the identification of the correct beneficiary. Since the beneficiaries confirmed the proposed rectification in open court and there was no opposition or submissions to the contrary, the court allowed the Summons for Rectification. The rectification ensures that a portion measuring 33.1 hectares is hived from Title Number Kajiado/Kilonito/9 and distributed to Mamaiye Sidai Mperewuas, in accordance with the correct intentions and facts of the estate.
Court Disposition
summons for rectification of grant allowed
Orders
- The Grant issued on 4th October, 2018 and confirmed on 19th February, 2020 is rectified to reflect that a portion measuring 33.1 hectares be hived from Title Number Kajiado/Kilonito/9 and distributed to Mamaiye Sidai Mperewuas.
- A rectified Certificate of Confirmation to issue.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Ashumba Osidai (Deceased) (Succession Cause 17 of 2018) [2022] KEHC 15491 (KLR) (22 July 2022) (Ruling)
Neutral citation: [2022] KEHC 15491 (KLR)
Republic of Kenya
In the High Court at Kajiado
Succession Cause 17 of 2018
SN Mutuku, J
July 22, 2022
IN THE MATTER OF THE ESTATE OF ASHUMBA OSIDAI - DECEASED
Ruling
1. On 4th day of October 2018, this court (Nyakundi, J) issued a Grant of Letters of Administration in respect of the Estate of Ashumba Osidai, deceased, who died on 25th June, 2003 to Mamaiye Sidai Mperewuas. At the time of his death, the deceased was registered owner, jointly with Sooi Sida, Kotukash Osidai and Esho Osidai, of Kajiado/Kilonito/9 measuring 132. 40 hectares.
2. The Grant was confirmed on 19th day of February, 2020. However, the Certificate of Confirmation captured the particulars of the shares meant for the beneficiary erroneously. Out of Kajiado/Kilonito/9, the share for Esho Osidai is 33. 1 hectares and the beneficiary is Mamaiye Siday Mprerewuas as the sole beneficiary.
3. The beneficiary now seek to have the Grant rectified and the shares and beneficiaries captured correctly.
4. On 6th July the beneficiaries appeared in court and confirmed the shares as proposed in the Summons for Rectification dated 24th August 2021. This court directed counsel for the parties to file brief submissions on this issue but as at 19th July 2022 there are no submissions filed.
5. I have considered this matter and I hereby allow the Summons for Rectification. The Grant issued on 4th October, 2018 and confirmed on 19th February, 2020 is hereby rectified as follows:“A portion measuring 33. 1 hectares be hived from Title Number Kajaido/Kilonito/9 (measuring 132. 4 hectares and registered in the names of Sooi Sida, Esho Osidai, Kotikash Osidai and Ashumba Osidai) and be distributed to Mamaiye Sidai Mperewuas.”
6. A rectified Certificate of Confirmation to issue.
DATED, SIGNED AND DELIVERED THIS 22ND DAY OF JULY 2022. S. N. MUTUKUJUDGE