[2023] KEHC 2964 (KLR)
The court found that the application for rectification of the certificate of confirmation of grant was merited, as the discrepancies in the names of the beneficiaries were adequately explained and supported by statutory declarations and documentary evidence. The court held that the rectification was necessary to...
Source-derived case information.
- Citation
- [2023] KEHC 2964 (KLR)
- Parties
- Applicant: Anjeline Aluoch Opondo; Respondent: Samuel Byron Gombe; Respondent: Keith Oscar Adero; Respondent: Daniel Austine Owira
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 418 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Succession, Administration of Estates, Beneficiary Identification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anjeline Aluoch Opondo
Applicant
Samuel Byron Gombe
Respondent
Keith Oscar Adero
Respondent
Daniel Austine Owira
Respondent
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 reflect the correct names of the beneficiaries as per their national identity cards.
- 2 Whether the mode of distribution of the estate should remain unchanged despite the rectification of names.
Ratio Decidendi
The court found that the application for rectification of the certificate of confirmation of grant was merited, as the discrepancies in the names of the beneficiaries were adequately explained and supported by statutory declarations and documentary evidence. The court held that the rectification was necessary to enable the proper transmission of the estate assets to the intended beneficiaries, whose identities were now clear and verified. The court further determined that the mode of distribution of the estate would remain unchanged, as the rectification pertained only to the correct identification of the beneficiaries and not to the substance of the distribution. The court allowed the...
Court Disposition
application allowed
Orders
- The certificate of confirmation of grant issued on February 24, 2005 is set aside and substituted with an amended certificate reflecting the correct names of the 2nd and 3rd beneficiaries as Austine Owira Opondo and Keith Oscar Adero respectively.
- The mode of distribution of the estate remains as previously confirmed.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Jackton Opondo Gombe (Deceased) (Succession Cause 418 of 2004) [2023] KEHC 2964 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2964 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 418 of 2004
RE Aburili, J
March 24, 2023
In the matter of
Anjeline Aluoch Opondo
Applicant
Ruling
1. I have perused the application by way of summons for rectification of grant dated October 24, 2022. I observe that the grant issued to Anjeline Aluoch Opondo to administer the estate of the deceased Jackton Opondo Gombe on June 8, 2004 was confirmed on February 24, 2005 and the estate distributed to Samuel Byron Gombe, Keith Oscar Adero and Daniel Austine Owira.
2. I further observe that as at the time of filing of the Petition for grant in 2004 and issuance of the said grant in 2005, Daniel Austine Owira was 13 years old while Keith Oscar Adero was 4 years old.
3. The said beneficiaries have since become of age and it appears that the names which were used to assign them the assets are difference from the names in their national identity cards hence the Administratix is unable to transmit the landed properties into their names.
4. The two beneficiaries have since sworn affidavits (Statutory Declarations) on March 1, 2023 explaining away the discrepancies in their names and annexing certified copies of their National Identity Cards and Birth Certificates. The Birth Certificate of Daniel Austine Owira issued on November 19, 2003 shows the deceased and Anjeline Aluoch Oloo to be his parents. The birth Certificate for Oscar Keith Adera issued on November 6, 2013 shows Jackton Opondo Gombe the deceased and Angeline Aluoch Opondo as his parents.
5. The National Identity Card for Austine Owira Opondo, No 28643513 gives the name Austine Owira Opondo while the identity card for Keith Oscar Adera Opondo is not annexed.
6. I have considered the application which is not opposed. I hereby allow the application and order as follows:1. That the certificate of confirmation of grant issued on February 24, 2005 is hereby set aside and substituted with a fresh amended certificate of confirmation of grant with the 2nd and 3rd beneficiaries on the said previous certificate to read as follows: (i) Austine Owira Opondo and Keith Oscar Adero respectively.
2. The mode of distribution of the estate of the deceased Jackton Opondo remains the same as was in the certificate of confirmation of grant issued on February 24, 2005.
7. The Administrator to be notified forthwith and to conclude the process of administration of the estate within six (6) months of today and in accordance with Section 83 of the Law of Succession Act, to file into court accounts.
8. This file is closed subject to the above statutory condition.
9. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R E ABURILIJUDGE