[2024] KEHC 4837 (KLR)

Source-derived case information.

Citation: [2024] KEHC 4837 (KLR)
Parties: Applicant: Dinah Adhiambo Bundeh
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Miscellaneous Succession Application E021 of 2024
Procedural Posture: Miscellaneous Succession Application / Ruling on Summons for Rectification of Grant
Outcome: application for rectification of grant allowed
Judges: RE Aburili
Legal Topics: Rectification of Grant, Confirmation of Grant, Distribution of Estate, Trusteeship of Beneficiaries
Source Language: en

Family and Children Rectification of Grant Confirmation of Grant Distribution of Estate Trusteeship of Beneficiaries

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2

Parties

Dinah Adhiambo Bundeh

Applicant

Procedural Posture

Miscellaneous Succession Application / Ruling on Summons for Rectification of Grant

Legal Issues

1 Whether the confirmed grant should be rectified to reflect the full names of beneficiaries instead of initials.
2 Whether Dinah Adhiambo Bundeh should be substituted by Leon David Murage, Harold Stephen Murimi, and Victor Bundeh to hold their share jointly.
3 Whether the mode of distribution should be varied to reflect the correct land measurements as per the surveyor's ground map.

Ratio Decidendi

The court found that the rectification of the confirmed grant to reflect the full names of beneficiaries instead of initials would not prejudice any party. The substitution of Dinah Adhiambo Bundeh with Leon David Murage, Harold Stephen Murimi, and Victor Bundeh as joint holders of their share was justified since Victor Bundeh was now available. The variation of the mode of distribution to reflect the correct land measurements as per the surveyor's ground map was necessary for accuracy. The court set aside the earlier mode of distribution and substituted it with the new mode filed on 25th March 2024, ordering the issuance of an amended certificate of confirmation of grant. The file was...

Court Disposition

application for rectification of grant allowed

Orders

Rectification of the confirmed grant to indicate full names of beneficiaries instead of initials is allowed.
Substitution of Dinah Adhiambo Bundeh with Leon David Murage, Harold Stephen Murimi, and Victor Bundeh as joint holders of their share is granted.

Full Case Text

Judgment text and source record

24 paragraphs

In re Estate of Benjamin Garth Bundeh (Deceased) (Miscellaneous Succession Application E021 of 2024) [2024] KEHC 4837 (KLR) (25 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4837 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Application E021 of 2024

RE Aburili, J

April 25, 2024

Formerly Kisumu High Court Succession Cause No. 9 of 2016 IN THE MATTER OF THE ESTATE OF BENJAMIN GARTH BUNDEH (DECEASED) AND IN THE MATTER OF SUMMONS TO RECTIFY A CONFIRMED GRANT OF LETTERS OF ADMINSTRATION INTESTATE

In the matter of

Dinah Adhiambo Bundeh

Applicant

Ruling

1. I have considered the application /summons for rectification of grant dated 25th March 2024, the grounds, supporting affidavit and the annextures.

2. I observe that the confirmed grant used initials of beneficiaries and that is sought to be corrected to indicate full names.

3. I find no prejudice will be occasioned to the beneficiaries. I allow the prayer as sought.

4. Secondly, it is averred that Dinah Adhiambo Bundeh held the share of Leon David Murage, Harold Stephen Murimi and Victor Bundeh in their trust because Victor Bundeh was not traceable but now he is available.

5. I grant the prayer for substitution of Dinah Adhiambo Bundeh with Leon David Murage, Harold Stephen Murimi and Victor Bundeh to hold their share jointly as given in the mode of distribution of estate annexed.

6. Lastly, it is averred that the measurements of the land as earlier given to the court were not accurate and the surveyor has since established the correct measurements as per the annexed ground map.

7. I allow the variation as proposed in the mode of distribution to accord with the ground map.

8. In the end, I set aside the earlier mode of distribution as per the certificate of confirmation of grant dated 26th June 2023 and substitute it with the fresh filed mode of distribution dated 25th March 2024.

9. An amended certificate of confirmation of grant to issue forthwith.

10. Subject to Section 83 of the Law of Succession Act on filing of true and accurate accounts, this file is closed.

11. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 25THDAY OF APRIL, 2024R. E. ABURILIJUDGE

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