[2024] KEHC 5763 (KLR)
The court found that the certificate of confirmation of grant had been properly rectified and that, subject to the requirements of Section 83 of the Law of Succession Act regarding the provision of true and accurate accounts, there was no further issue requiring the court's intervention. The file was therefore...
Source-derived case information.
- Citation
- [2024] KEHC 5763 (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 Closure of File After Rectification of Certificate of Confirmation of Grant
- Outcome
- Application for rectification of certificate of confirmation of grant allowed; file closed subject to statutory requirements.
- Judges
- RE Aburili
- Legal Topics
- Succession, Estate Administration, Certificate of Confirmation, Rectification of Grant
- 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 Closure of File After Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified and the file closed upon completion of estate distribution.
- 2 Whether the requirements of Section 83 of the Law of Succession Act regarding accounts have been met.
Ratio Decidendi
The court found that the certificate of confirmation of grant had been properly rectified and that, subject to the requirements of Section 83 of the Law of Succession Act regarding the provision of true and accurate accounts, there was no further issue requiring the court's intervention. The file was therefore ordered closed, as the estate administration process had been completed to the court's satisfaction.
Court Disposition
Application for rectification of certificate of confirmation of grant allowed; file closed subject to statutory requirements.
Orders
- The certificate of confirmation of grant is rectified as per the court's earlier order.
- The file is closed subject to Section 83 of the Law of Succession Act on giving of true and accurate accounts upon distribution of the estate.
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 5763 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5763 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E023 of 2024
RE Aburili, J
May 9, 2024
(From Original Succession Cause No. 211 of 2009)
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 – APPLICANTS
Ruling
1. On 24th April 2024, this court issued orders rectifying the certificate of confirmation of grant and closed the file but the closure was never entered in the Case Tracking System hence the missing outcome.
2. Therefore, subject to Section 83 of the Law of Succession Act on giving of true and accurate accounts upon distribution of the estate of the deceased Dorothy Agnetta Randiak, this file is closed.
3. Ruling to be typed and uploaded in the Case Tracking System.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF MAY, 2024R. E. ABURILIJUDGE