[2023] KEHC 23600 (KLR)
The court found that the rectification sought was necessary to enable the full administration of the estate of the deceased, Eli Enoka Aida, and that no prejudice would be occasioned to the beneficiaries by correcting the property description. The court therefore granted the application for rectification and ordered...
Source-derived case information.
- Citation
- [2023] KEHC 23600 (KLR)
- Parties
- Applicant: Boaz Osir Aidah; Applicant: Sharon Atieno Aidah
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 143 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boaz Osir Aidah
Applicant
Sharon Atieno Aidah
Applicant
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 correctly describe the property of the deceased's estate.
Ratio Decidendi
The court found that the rectification sought was necessary to enable the full administration of the estate of the deceased, Eli Enoka Aida, and that no prejudice would be occasioned to the beneficiaries by correcting the property description. The court therefore granted the application for rectification and ordered that a rectified certificate of confirmation of grant be issued with the correct property description as per the annexed certificate of title.
Court Disposition
application for rectification of grant allowed
Orders
- A rectified certificate of confirmation of grant shall issue providing the correct description of the property as LR 1148 (IR 12551) as per the annexed certificate of title.
- File closed.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Eli Onoka Aida (Deceased) (Succession Cause 143 of 2008) [2023] KEHC 23600 (KLR) (13 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23600 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 143 of 2008
RE Aburili, J
October 13, 2023
In the matter of
Boaz Osir Aidah
1st Applicant
Sharon Atieno Aidah
2nd Applicant
Ruling
1. The summons for rectification of grant dated June 2, 2013 seeks orders for rectification of the description of Land Parcel No. LR 1148 (IR 12551) wrongly described as Kisumu Municipality/Block 4/130 on the Certificate of Confirmation of Grant dated November 23, 2021.
2. I have considered the application. I find no prejudice will be occasioned to the beneficiaries as the rectification will enable full administration of the estate of the deceased Eli Enoka Aida without challenges.
3. I grant the prayer sought and order that a rectified certificate of confirmation of grant do issue providing the correct description of the property being LR 1148 (IR 12551) as per the annexed certificate of title.
4. I so order. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE