[2023] KEHC 2995 (KLR)
The court found that, despite the lack of evidence regarding the alleged fraudulent acquisition and recovery of the property, the search certificate established that parcel No Isukha/Shirere/1829 was registered in the deceased's name. As the estate should not be administered piecemeal, the court allowed the...
Source-derived case information.
- Citation
- [2023] KEHC 2995 (KLR)
- Parties
- Applicant: Pauline Andisi Kisui; Deceased: Bwali Joseph Sangolo Kutwa alias Joseph Bwali Sangoro alias Bwali Joseph Sangolo Kutwa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 371 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pauline Andisi Kisui
Applicant
Bwali Joseph Sangolo Kutwa alias Joseph Bwali Sangoro alias Bwali Joseph Sangolo Kutwa
Deceased
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include parcel No Isukha/Shirere/1829 as an asset of the deceased's estate.
- 2 Whether the applicant is entitled to be allocated the said parcel as the sole beneficiary.
Ratio Decidendi
The court found that, despite the lack of evidence regarding the alleged fraudulent acquisition and recovery of the property, the search certificate established that parcel No Isukha/Shirere/1829 was registered in the deceased's name. As the estate should not be administered piecemeal, the court allowed the rectification of the grant to include the parcel as an asset of the estate and allocated it wholly to the applicant as the sole beneficiary. The court further ordered the issuance of an amended certificate of confirmation of grant and required the applicant to render accounts of the estate within six months, in accordance with section 83 of the Law of Succession Act.
Court Disposition
Application for rectification of grant allowed.
Orders
- Certificate of confirmation of grant dated March 22, 2022 to be amended and rectified to include parcel No Isukha/Shirere/1829, allocated wholly to the petitioner.
- A fresh amended/rectified certificate of confirmation of grant to issue forthwith.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Bwali Joseph Sangolo Kutwa (Deceased) (Succession Cause 371 of 2015) [2023] KEHC 2995 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2995 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 371 of 2015
RE Aburili, J
March 24, 2023
Between
Bwali Joseph Sangolo Kutwa alias Joseph Bwali Sangoro alias Bwali Joseph Sangolo Kutwa
Deceased
and
Pauline Andisi Kisui
Applicant
Ruling
1. The Petitioner herein Pauline Andisi Kisui is the widow to the deceased Bwali Joseph Sangolo. She was issued with a grant of letters of administration intestate to administer the deceased’s estate on March 22, 2015 and the same was confirmed on March 22, 2022.
2. The sole asset then was listed as shares with Cooperative Bank of Kenya and she was to get whole shares. She is now back to court vide summons for rectification of grant dated September 23, 2022 seeking to include in the list of assets parcel No Isukha/Shirere/1829 which she says has been recovered from fraudsters through a court order.
3. She has attached a copy of search certificate dated September 22, 2022 and it shows the registered proprietor as at October 6, 1976 to be Bwali Joseph Sangoro.
4. There is no evidence that there was fraudulent acquisition and subsequent reversion of title via a court order.
5. Nonetheless, as the estate of the deceased cannot be administered piecemeal, I hereby allow the application dated September 23, 2022 and order that the certificate of confirmation of grant dated March 22, 2022 shall be amended and rectified to include the said parcel No Isukha/Shirere/1829 to be allocated to the petitioner wholly as the sole beneficiary.
6. A fresh amended/rectified certificate of confirmation of grant to issue forthwith with conditions for rendering accounts of the estate of the deceased within 6 months of today as stipulated in section 83 of the Law of Succession Act.
7. Petitioner to be notified.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE