[2022] KEHC 16753 (KLR)
The court found that the application for rectification of grant was merited as the previous amendments did not correct all errors, particularly the omission of the estate of David Kimaiyo Sirma and the incorrect use of certain area chief's letters. The court held that it was necessary and desirable to rectify the...
Source-derived case information.
- Citation
- [2022] KEHC 16753 (KLR)
- Parties
- Applicant: John Sirma Koech; Respondent: Estate of Elizabeth Chelimo Too alias Elizabeth Sirma; Respondent: Estate of David Kimaiyo Sirma
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- RN Nyakundi
- Legal Topics
- Rectification of Grant, Administration of Estates, Joinder of Estates, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Sirma Koech
Applicant
Estate of Elizabeth Chelimo Too alias Elizabeth Sirma
Respondent
Estate of David Kimaiyo Sirma
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be rectified to include the estate of David Kimaiyo Sirma with that of Elizabeth Chelimo Too alias Elizabeth Sirma.
- 2 Whether the area chief's letters dated May 14, 2012, December 20, 2013, and May 24, 2016 should be used as the correct factual basis for the deceased persons.
- 3 Whether the property Turbo East/leseru Block 3(Tuigoin)51 should be described as registered in the name of John Sirma Koech as the surviving co-owner.
Ratio Decidendi
The court found that the application for rectification of grant was merited as the previous amendments did not correct all errors, particularly the omission of the estate of David Kimaiyo Sirma and the incorrect use of certain area chief's letters. The court held that it was necessary and desirable to rectify the grant to reflect the true ownership and status of the property Turbo East/leseru Block 3(Tuigoin)51, and to ensure the proper administration and distribution of the estate. The court exercised its discretion under rule 43(1) of the Probate and Administration Rules to order the rectifications as sought by the applicant, noting that all beneficiaries had consented and there was no...
Court Disposition
Application for rectification of grant allowed.
Orders
- The grant of letters of administration intestate issued to John Sirma Koech on June 17, 2013, confirmed on June 14, 2016, and amended on January 10, 2019, is rectified to enjoin the estate of David Kimaiyo Sirma with the estate of Elizabeth Chelimo Too alias Elizabeth Sirma in Succession Cause No 23 of 2013.
- The area chief's letters dated May 14, 2012, December 20, 2013, and May 24, 2016, shall be used as they capture the correct facts about the deceased persons.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Elizabeth Chelimo Too alias Elizabeth Sirma (Deceased) (Succession Cause 23 of 2013) [2022] KEHC 16753 (KLR) (23 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16753 (KLR)
Republic of Kenya
In the High Court at Eldoret
Succession Cause 23 of 2013
RN Nyakundi, J
December 23, 2022
In the matter of
John Sirma Koech
Petitioner
Ruling
The applicant approached this court by way of summons for rectification of grantdated September 27, 2022 seeking the following orders; 1. That the grant of letters of administration intestate issued to the said John Sirma Koech in this matter on the June 17, 2013 and confirmed on June 14, 2016 and amend ed on January 10, 2019 be rectified in the following respects as provided for by rule 43 (1) of the Probate and Administration Rulesa)The estate of the late David Kimaiyo Sirma should be enjoined with the estate of Elizabeth Chelimo Too alias Elizabeth Sirma in Succession Cause No 23 of 2013 as it was left out during amended of grant.b)That the area chiefs letters and dated May 14, 2012, December 20, 2013, May 24, 2016 be used as it capture the correct facts about the deceased persons.c)That the area chiefs’ letter and dated January 23, 2013 was erroneously used again during the amended of the grant.d)That (I) John Sirma Koech and both the deceased persons Elizabeth Chelimo Too alias Elizabeth Sirma and David Kimaiyo Sirma had owned jointly a property being Turbo East/leseru Block 3(Tuigoin)51 and the title deed registered under our names.e)That the official search shows that the title deed is registered in the names of John Sirma Koech and David Kimaiyo Sirmaf)The description of the property Turbo East/leseru Block 3 (tuigoin)51 be amended to read John Sirma Koech as per the records in the land registry in form PSA 54, amended certificate of confirmation of grant and also as the surviving co-owner of the property aforementioned.g)That the amendment is of desirable nature to enable me effect transfer and distribution and administration of the asset of the estate known as Turbo East/leseru Block 3(Tuigoin)51 to the beneficiaries as the per the grant.
2. That the costs of this application shall be provided for.
3. The application is premised on the grounds set out in the application and the contents of the affidavit in support of the summons.
4. The applicant states that the grant of letters of administration was made to him on June 17, 2013. The rectifications on January 10, 2019 did not correct all the errors. and it is desirable that the above errors be rectified by the court. All the other beneficiaries consent to the rectifications.
5. Upon considering the summons and the annexures thereto, this court finds the application merited and makes the following orders pursuant to rule 43(1) of the Probate and Administration rules;The grant of letters of administration intestate issued to the said John Sirma Koech in this matter on the June 17, 2013 and confirmed on June 14, 2016 and amended on January 10, 2019 be rectified in the following respects ;a)The estate of the late David Kimaiyo Sirma is hereby enjoined with the estate of Elizabeth Chelimo Too alias Elizabeth Sirma in Succession Cause No 23 of 2013 as it was left out during amended of grant.b.The area chiefs letters and dated May 14, 2012, December 20, 2013, May 24, 2016 be used as they capture the correct facts about the deceased persons.c)The area chiefs’ letter and dated January 23, 2013 was erroneously used again during the amended of the grant.d)John Sirma Koech and both the deceased persons Elizabeth Chelimo Too alias Elizabeth Sirma and David Kimaiyo Sirma had owned jointly a property being Turbo East/leseru Block 3(Tuigoin)51 and the title deed registered under our names.e)The official search shows that the title deed is registered in the names of John Sirma Koech and David Kimaiyo Sirmaf)The description of the property Turbo East/leseru Block 3 (tuigoin)51 be amended to read John Sirma Koech as per the records in the land registry in form PSA 54, amended certificate of confirmation of grant and also as the surviving co-owner of the property aforementioned.Each party shall bear its own costs.
DATED, SIGNED AND DELIVERED VIA EMAIL AT ELDORET THIS 23RD DAY OF DECEMBER, 2022. ............................R. NYAKUNDIJUDGE