[2024] KEHC 4038 (KLR)
The court found that the application for rectification of the grant was unopposed and that the request to amend the certificate of confirmation of grant to include the deceased's 2,598 shares with East African Breweries Limited and to provide for their equal distribution among the beneficiaries was justified. There...
Source-derived case information.
- Citation
- [2024] KEHC 4038 (KLR)
- Parties
- Applicant: Denis Jorim Buyu Randiak; Applicant: Brian Orsbone Ochanda Randiak
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E023 of 2024
- Procedural Posture
- Miscellaneous 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, Distribution of Shares
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Jorim Buyu Randiak
Applicant
Brian Orsbone Ochanda Randiak
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include the deceased's 2,598 shares with East African Breweries Limited and provide for their equal distribution among the beneficiaries.
Ratio Decidendi
The court found that the application for rectification of the grant was unopposed and that the request to amend the certificate of confirmation of grant to include the deceased's 2,598 shares with East African Breweries Limited and to provide for their equal distribution among the beneficiaries was justified. There being no contentious issues, the court exercised its discretion under section 74 of the Law of Succession Act to allow the rectification, ordering the issuance of an amended certificate of confirmation of grant reflecting the correct asset description and distribution.
Court Disposition
Application for rectification of grant allowed.
Orders
- The certificate of confirmation of grant shall be amended to include the deceased's 2,598 shares with East African Breweries Limited and provide for their equal distribution among the beneficiaries.
- A fresh amended certificate of confirmation of grant shall issue.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Dorothy Agnetta Randiak (Deceased) (Miscellaneous Succession Cause E023 of 2024) [2024] KEHC 4038 (KLR) (24 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4038 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E023 of 2024
RE Aburili, J
April 24, 2024
In The Matter Of The Estate Of Dorothy Agnetta Randiak (Deceased) And In The Matter Of An Application By Denis Jorim Buyu Randiak And Brian Orsbone Ochanda Randiak
Ruling
1. I have considered the application by way of summons for rectification of grant dated 12th April 2024.
2. The Petitioners seek for rectification of the grant in terms of the certificate of confirmation of grant to provide for the description of the deceased’s shares amounting to 2,598 with East African Breweries Limited and for the said shares to be equally distributed amongst the beneficiaries of the estate as earlier on identified.
3. As there are no contentious issues in the succession cause herein, I hereby allow the application and order for amendment to the certificate of confirmed grant. A fresh amended certificate of confirmation of grant to issue.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF APRIL, 2024R. E. ABURILIJUDGE