[2023] KEHC 23185 (KLR)
The court found that the misspelling of the applicants' names in the grant was a clerical error rectifiable under Section 74 of the Law of Succession Act. The administrator's refusal to sign transfer documents, despite the confirmed grant being unchallenged and the survey completed, constituted a failure to perform...
Source-derived case information.
- Citation
- [2023] KEHC 23185 (KLR)
- Parties
- Applicant: Alice Aluoch Lwora; Applicant: Daniel Otieno Aoyi; Applicant: Rashid Juma Abillah
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 684 of 2010
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant and Ancillary Orders
- Outcome
- Application for rectification of grant allowed; ancillary orders granted.
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Administration of Estates, Distribution of Estate, Powers of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Aluoch Lwora
Applicant
Daniel Otieno Aoyi
Applicant
Rashid Juma Abillah
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant and Ancillary Orders
Legal Issues
- 1 Whether the court should rectify the grant to correct clerical errors in the names of beneficiaries.
- 2 Whether the Deputy Registrar may be authorized to sign transfer documents where the administrator has declined to do so.
- 3 Whether the administrator has failed in her statutory duties under the Law of Succession Act.
Ratio Decidendi
The court found that the misspelling of the applicants' names in the grant was a clerical error rectifiable under Section 74 of the Law of Succession Act. The administrator's refusal to sign transfer documents, despite the confirmed grant being unchallenged and the survey completed, constituted a failure to perform statutory duties under Section 83. To prevent further delay and ensure the beneficiaries receive their entitlements, the court ordered rectification of the grant and directed the administrator to sign the necessary documents within 14 days, failing which the Deputy Registrar would be authorized to do so. This approach upholds the statutory mandate for timely distribution of...
Court Disposition
Application for rectification of grant allowed; ancillary orders granted.
Orders
- Rectification of the grant to correct the names of Daniel Otieno Aoyi and Rashid Juma Abillah.
- Administrator Alice Aluoch Lwora to sign all documents to effect transfer of land No. Kisumu/Kadongo/347 to the respective beneficiaries within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Blasto Okoro Ng'ong'o (Deceased) (Succession Cause 684 of 2010) [2023] KEHC 23185 (KLR) (4 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23185 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 684 of 2010
RE Aburili, J
October 4, 2023
In the matter of
Alice Aluoch Lwora
Applicant
Ruling
1. The application dated 18th April 2023 seeks for rectification of grant. The names of two applicants Daniel Otieno Aoyi and Rashid Juma Abillah were erroneously misspelt as ‘Abila’ and ‘Aoi’ respectively.
2. In my view, this is a clerical error that is rectifiable under Section 74 of the Law of Succession Act. I grant the prayer as sought.
3. On the prayer that the Deputy Registrar signs the relevant documents of transfer of the portion due to the applications as the administrator has declined to sign the forms yet the certificate of confirmed grant dated 1st July 2019 has never been challenged, I observe that the law contemplates that distribution of the estate of the deceased should be completed in 6 months after confirmation of grant and in default, the court can recall the grant and revoke it especially where the Administrator fails to distribute the estate and give a true and accurate accounts to court in accordance with Section 83 of the Law of Succession Act.
4. In this case, the survey has been done and the grant as confirmed has never been challenged.
5. Accordingly, I allow prayer No. 1 of the Chamber Summons dated 18th April 2023 and direct that this order be served on the Administrator Alice Aluoch Lwora to sign all documents to effect transfer of the portions of land No. Kisumu/Kadongo/347 to the respective beneficiaries within 14 days of today and in default, the Deputy Registrar of this court shall sign the said relevant documents in order to give effect to the order and certificate of confirmation of grant dated 1st July 2019.
6. The Rectified certificate of confirmation of grant to issue forthwith.
7. I so order.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 4TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE