[2023] KEHC 2962 (KLR)
The court found that the omission of parcel No Kisumu/Nyalunya/2977 from the list of assets in the confirmed grant was an error that warranted rectification. As there was no objection to the application or the proposed mode of distribution, and the parties entitled to the estate had agreed, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 2962 (KLR)
- Parties
- Applicant: Samson Odoyo Otieno; Applicant: Kefa Odhiambo Owino
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 993 of 2004
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Odoyo Otieno
Applicant
Kefa Odhiambo Owino
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be further rectified to include an omitted asset of the deceased's estate.
- 2 Whether the proposed mode of distribution for the newly included asset is acceptable.
Ratio Decidendi
The court found that the omission of parcel No Kisumu/Nyalunya/2977 from the list of assets in the confirmed grant was an error that warranted rectification. As there was no objection to the application or the proposed mode of distribution, and the parties entitled to the estate had agreed, the court exercised its discretion to allow the rectification. The court ordered that a fresh amended and rectified certificate of confirmed grant be issued to include the omitted property, to be distributed equally between the two applicants. The court further directed that the rendering of accounts of the estate be a condition attached to the new certificate of confirmed grant.
Court Disposition
application for rectification of grant allowed
Orders
- A fresh amended and rectified certificate of confirmed grant to issue including property No Kisumu/Nyalunya/2977.
- Property No Kisumu/Nyalunya/2977 to be distributed equally between Samson Odoyo Otieno and Kefa Odhiambo Owino.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Henure Otieno Obilo (Deceased) (Succession Cause 993 of 2004) [2023] KEHC 2962 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2962 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 993 of 2004
RE Aburili, J
March 24, 2023
In the matter of
Samson Odoyo Otieno
1st Applicant
Kefa Odhiambo Owino
2nd Applicant
Ruling
1. This is a 2004 Succession Cause. The initial grant was issued on March 30, 2005 and confirmed on March 8, 2007 but rectified or amended on February 29, 2016.
2. The assets of the estate as listed in P&A 5 filed on November 25, 2004 are three namely: Kisumu/Nyalunya/ 2969, 393 and 401.
3. However, in the amended confirmed grant, only parcel Nos 2920 and 401 were shared out and Parcel No 2920 was not part of the listed assets while Parcel No 393 was left out of the distribution. This followed an earlier confirmed grant certificate of March 8, 2007 which had distributed all the properties listed in the P&A.5
4. Vide Chamber Summons dated December 20, 2021, the Petitioners seek for further rectification of the grant to include parcel No Kisumu/Nyalunya/2977 (0. 3ha) among the assets of the deceased as it was not included in the list of assets.
5. There is no objection to the proposed rectification and mode of distribution.
6. I allow the application and order that a fresh amended and rectified certificate of confirmed grant do issue including the new property No Kisumu/Nyalunya/2977 and the same be distributed as proposed, namely, that it be shared between Samson Odoyo Otieno and Kefa Odhiambo Owino in equal shares.
7. This Ruling to be typed, order extracted and Petitioners be notified forthwith.
8. File closed save for rendering of accounts of the estate which is a condition to be attached to the fresh certificate of confirmed grant as amended/rectified and issued forthwith.
9. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE