[2014] KEHC 3752 (KLR)
The court found that the confirmed grant did not correspond with the actual size of the land parcel S/Wanga/Ekero/334 and that all beneficiaries, including the widow of the deceased petitioner John Peter, consented to the proposed rectification and redistribution. There being no objection, and the application being...
Source-derived case information.
- Citation
- [2014] KEHC 3752 (KLR)
- Parties
- Applicant: Joab Tangati Wangachi; Applicant: Moses Makero; Applicant: James Namayi; Applicant: John Peter
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 31 of 1982
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Confirmed Grant
- Outcome
- Application for rectification of grant allowed.
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joab Tangati Wangachi
Applicant
Moses Makero
Applicant
James Namayi
Applicant
John Peter
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the confirmed grant should be rectified to reflect the actual size of the land parcel S/Wanga/Ekero/334.
- 2 Whether the share of the deceased petitioner John Peter should be allocated to his widow, Anjeline Abanwendwa Khaemba.
Ratio Decidendi
The court found that the confirmed grant did not correspond with the actual size of the land parcel S/Wanga/Ekero/334 and that all beneficiaries, including the widow of the deceased petitioner John Peter, consented to the proposed rectification and redistribution. There being no objection, and the application being in accordance with the law, the court allowed the application for rectification of the grant as prayed.
Court Disposition
Application for rectification of grant allowed.
Orders
- Prayer 1 of the application dated 7th October 2013 is granted.
- Costs of the application will be in the cause.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE HIGH COURT OF KENYA AT KAKAMEGA
SUCCESSION CAUSE NO. 31 OF 1982
IN THE MATTER OF THE ESTATE OF ATHANASIO WANGACHI S/O TANGATI – DECEASED
AND
JOAB TANGATI WANGACHI
MOSES MAKERO PETITIONERS/APPLICANTS
JAMES NAMAYI
JOHN PETER
RULING
Before me is an application brought by way of Summons for rectification of confirmed grant, dated 7th October 2013. The application was filed under Section 74 of the Law of Succession Act (Cap.160) Laws of Kenya and rule 43 (1), (2) and (3) of the Probate and Administration Rules. It was filed with an affidavit sworn by two petitioners/administrators who are Moses Makero and James Namayi.
It was deponed in the affidavit that the confirmed grant was issued on 26th September 1995. However, it had emerged that the actual size of the parcel of the land S/Wanga/Ekero/334 did not correspond with what was initially indicated. Therefore, the distribution contained in the confirmed grant, had of necessity to be rectified. It was also deponed that the share of the fourth petitioner John Peter, now deceased, should be given to his widow, Anjeline Abanwendwa Khaemba.
On the hearing date, all the beneficiaries were present in court. They agreed to the rectification and redistribution of the assets proposed.
I find no reason to disallow the application. I therefore allow the application for rectification of grant dated 7th October 2013, and grant prayer 1 therein. The costs of the application will be in the cause, as this is a family matter and no objection to the application was raised.
Dated and delivered at Kakamega this 12h day of June, 2014
George Dulu
J U D G E