[2022] KEHC 15138 (KLR)
The court found that the certificate of confirmation of grant erroneously captured the particulars of the beneficiaries and their respective shares in the estate of Esho Osidai. The evidence showed that Nabulu Ene Saitet had renounced her entitlement by affidavit, and the remaining beneficiaries had agreed to the...
Source-derived case information.
- Citation
- [2022] KEHC 15138 (KLR)
- Parties
- Applicant: Kakuresh Ole Kirotie; Applicant: Elijah Kirotie; Applicant: Jeremiah Rianto; Respondent: Nabulu Ene Saitet
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 16 of 2018
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed; grant and certificate of confirmation rectified
- Judges
- SN Mutuku
- Legal Topics
- Rectification of Grant, Distribution of Estate, Succession, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kakuresh Ole Kirotie
Applicant
Elijah Kirotie
Applicant
Jeremiah Rianto
Applicant
Nabulu Ene Saitet
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration and certificate of confirmation should be rectified to accurately reflect the beneficiaries and their respective shares in the estate of Esho Osidai.
- 2 Whether the distribution of 33.1 hectares from Kajiado/Kilonito/9 should be made equally among the three named beneficiaries.
Ratio Decidendi
The court found that the certificate of confirmation of grant erroneously captured the particulars of the beneficiaries and their respective shares in the estate of Esho Osidai. The evidence showed that Nabulu Ene Saitet had renounced her entitlement by affidavit, and the remaining beneficiaries had agreed to the proposed distribution. No objections or submissions were filed in opposition. The court held that it was just and proper to rectify the grant and certificate of confirmation to accurately reflect the correct beneficiaries and their equal shares in the 33.1 hectares portion of Kajiado/Kilonito/9. The rectification was therefore allowed, and the estate was ordered to be distributed...
Court Disposition
summons for rectification of grant allowed; grant and certificate of confirmation rectified
Orders
- A portion measuring 33.1 hectares be hived from title number Kajiado/Kilonito/9 and distributed equally amongst Kakuresh Ole Kirotie, Elijah Kirotie, and Jeremiah Rianto, each to receive 11.03333 hectares.
- A rectified certificate of confirmation to issue.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Esho Osidai (Deceased) (Succession Cause 16 of 2018) [2022] KEHC 15138 (KLR) (22 July 2022) (Ruling)
Neutral citation: [2022] KEHC 15138 (KLR)
Republic of Kenya
In the High Court at Kajiado
Succession Cause 16 of 2018
SN Mutuku, J
July 22, 2022
Ruling
1. On October 4, 2018, this court (Nyakundi, J) issued a grant of letters of administration in respect of the estate of Esho Osidai, deceased, who died on October 8, 2000 to Kakuresh Ole Kirotie and Elija Kirotie. At the time of his death, the deceased was registered owner, jointly with Sooi Sida, Kotukash Osidai and Ashumba Osidai, of Kajiado/Kilonito/9 measuring 132. 40 hectares.
2. The grant was confirmed on September 29, 2020. However, the certificate of confirmation captured the particulars of beneficiaries and their respective shares erroneously. Out of Kajiado/Kilonito/9, the share for Esho Osidai is 33. 1 hectares and the beneficiaries are:i.Elijah Kirotieii.Jeremiah Riantoiii.Kakuresh Kirotie.
3. Their sister Nabulu Ene Saitet had denounced her entitlement to the share of that property after she swore an affidavit on November 14, 2019.
4. The beneficiaries now seek to have the grant rectified and the shares and beneficiaries captured correctly.
5. On 6th July the beneficiaries appeared in court and confirmed the shares as proposed in the summons for rectification dated August 24, 2021. This court directed counsel for the parties to file brief submissions on this issue but as at July 19, 2022 there are no submissions filed.
6. I have considered this matter and I hereby allow the summons for rectification. The grant issued on October 4, 2018 and confirmed on September 29, 2020 is hereby rectified as follows:“A portion measuring 33. 1 hectares be hived from title number Kajaido/Kilonito/9 (measuring 132. 4 hectares and registered in the names of Sooi Sida, Esho Osidai, Kotikash Osidai and Ashumba Osidai) and be distributed equally amongst Kakuresh Ole Kirotie, Elijah Kirotie and Jeremiah Rianto. Each beneficiary to receive 11. 03333 hectares.”
7. A rectified certificate of confirmation to issue.
DATED, SIGNED AND DELIVERED THIS 22ND DAY OF JULY 2022. SN MUTUKUJUDGE