[2024] KEHC 11365 (KLR)
The court found that the application for rectification of the grant was merited as the applicants had demonstrated that the place of death of the deceased was incorrectly stated in the original letters of administration. The court exercised its statutory power to rectify the grant to ensure that the record...
Source-derived case information.
- Citation
- [2024] KEHC 11365 (KLR)
- Parties
- Applicant: Denis Jorim Buyu; Applicant: Brian Osborne Ochanda Randiak
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E066 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- MS Shariff
- Legal Topics
- Succession, Rectification of Grant, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Jorim Buyu
Applicant
Brian Osborne Ochanda Randiak
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the letters of administration should be rectified to reflect the correct place of death of the deceased.
Ratio Decidendi
The court found that the application for rectification of the grant was merited as the applicants had demonstrated that the place of death of the deceased was incorrectly stated in the original letters of administration. The court exercised its statutory power to rectify the grant to ensure that the record accurately reflected the true place of death, thereby upholding the integrity of the succession process and preventing future disputes or confusion regarding the estate administration.
Court Disposition
Application for rectification of grant allowed.
Orders
- The letters of administration issued on 11.6.2024 are hereby rectified to reflect the place of death of the deceased as Victoria Hospital Kisumu.
- A rectified letters of administration to issue accordingly.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of Dorothy Agnetta Randiak (Deceased) (Miscellaneous Succession Cause E066 of 2024) [2024] KEHC 11365 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11365 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E066 of 2024
MS Shariff, J
September 25, 2024
MISC. SUCCESSION CAUSE NO. E066 OF 2024
IN THE MATTER OF THE ESTATE OF DOROTHY AGNETTA RANDIAK (DECEASED)
IN THE MATTER OF AN APPLICATION BY:
DENIS JORIM BUYU……………………………………….….1ST APPLICANT
BRIAN OSBORNE OCHANDA RANDIAK………………….2ND APPLICANT
In the matter of
Denis Jorim Buyu
1st Applicant
Brian Osborne Ochanda Randiak
2nd Applicant
Ruling
1. I have considered the summon s for rectification of grant dated 25/7/2024, the affidavit in support thereof sworn by Denis Jorim Buyu
2. Randiak and Brian Osborne Ochanda Randiak and the enclosures therein and I do hereby allow the same and make the following orders:-1. The letters of administration issued on 11. 6.2024 are hereby rectified to reflect the place of death of the deceased to be Victoria Hospital Kisumu.2. A rectified letters of administration to issue accordingly.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 25THDAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE