[2024] KEHC 13304 (KLR)
The court found that the applicant had provided sufficient evidence to establish that parcels Kisumu/Angoga/1260, 1073, 437, and 3578 belonged to the deceased and should be included in the estate for distribution to the applicant. However, for the parcels listed in the Chief's letter dated 29.10.2024, there was no...
Source-derived case information.
- Citation
- [2024] KEHC 13304 (KLR)
- Parties
- Applicant: Wilfrida Osida Ochieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 548 of 2015
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application partly allowed.
- Judges
- MS Shariff
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Distribution of Estate, Proof of Ownership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfrida Osida Ochieng
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the listed parcels of land should be included as assets of the deceased's estate for distribution.
- 2 Whether there is sufficient proof of ownership for the parcels described in the Chief's letter dated 29.10.2024.
Ratio Decidendi
The court found that the applicant had provided sufficient evidence to establish that parcels Kisumu/Angoga/1260, 1073, 437, and 3578 belonged to the deceased and should be included in the estate for distribution to the applicant. However, for the parcels listed in the Chief's letter dated 29.10.2024, there was no proof of ownership, and thus they could not be considered part of the estate. The certificate of confirmation of grant was ordered to be amended accordingly, and the matter was marked as closed.
Court Disposition
Application partly allowed.
Orders
- Parcels Kisumu/Angoga/1260, Kisumu/Angoga/1073, Kisumu/Angoga/437, and Kisumu/Angoga/3578 to be included in the estate and distributed to Wilfrida Osida Ochieng in whole.
- Parcels described in the Chief's letter dated 29.10.2024 are excluded from the estate for lack of proof of ownership.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Jacob Ochieng Akelo (Deceased) (Succession Cause 548 of 2015) [2024] KEHC 13304 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13304 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 548 of 2015
MS Shariff, J
October 31, 2024
In the matter of
Wilfrida Osida Ochieng
Applicant
Ruling
1. I have considered the summons for rectification of grant dated 13. 8.2024, the supporting affidavit sworn by Wilfrida Osida Ochieng on even date and supplementary affidavit sworn on 29. 10. 2024 and I have also considered the oral submissions of the applicant and I do hereby allow the application partly in respect of parcels Nos. Kisumu/Angoga/1260, Kisumu/Angoga/1073, Kisumu/Angoga/437 and Kisumu/Angoga/3578. The said parcels of land shall be included in list of assets of the estate of the deceased and shall be distributed to Wilfrida Osida Ochieng in whole.
2. As regards the parcels of land described in the letter of the Chief dated 29. 10. 2024 no proof of ownership has been adduced wherefore the same do not form part of the assets of the estate of the deceased.
3. The certificate of confirmation of grant to be amended accordingly.
4. It is hereby so ordered.
5. This file is marked as closed.
DELIVERED, SIGNED AND DATED THIS 31ST DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE