[2024] KEHC 3042 (KLR)
The court found that the error in the certificate of confirmation of grant originated from the administrator's schedule and not from the court itself. Since all beneficiaries had signed a consent to the proposed rectification, the court determined that there was no dispute regarding the amendment. The court allowed...
Source-derived case information.
- Citation
- [2024] KEHC 3042 (KLR)
- Parties
- Applicant: Onyango Fredrick Otieno; Applicant: Solomon Oduor Onyango; Applicant: George Ogutu Onyango; Applicant: Nobbert Jude Oduor Onyango
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 222 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Consent of Beneficiaries, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onyango Fredrick Otieno
Applicant
Solomon Oduor Onyango
Applicant
George Ogutu Onyango
Applicant
Nobbert Jude Oduor Onyango
Applicant
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 correct an error originating from the administrator's schedule.
- 2 Whether all beneficiaries have consented to the proposed rectification of grant.
Ratio Decidendi
The court found that the error in the certificate of confirmation of grant originated from the administrator's schedule and not from the court itself. Since all beneficiaries had signed a consent to the proposed rectification, the court determined that there was no dispute regarding the amendment. The court allowed the rectification to facilitate the speedy and proper distribution of the deceased's estate, in accordance with the Law of Succession Act and the wishes of the beneficiaries. The court ordered that an amended certificate of confirmation of grant be issued forthwith, using the template provided in the summons for rectification of grant, and closed the file subject to Section 83...
Court Disposition
summons for rectification of grant allowed
Orders
- An amended certificate of confirmation of grant to issue forthwith using the template contained in the summons for rectification of grant.
- Subject to Section 83 of the Law of Succession Act, the file is closed.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of James Lucas Onyango alias James Lukas Onyango alias James Lukas Henry Onyango (Deceased) (Succession Cause 222 of 2013) [2024] KEHC 3042 (KLR) (22 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3042 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 222 of 2013
RE Aburili, J
March 22, 2024
IN THE MATTER OF THE ESTATE OF JAMES LUCAS ONYANGO alias JAMES LUKAS ONYANGO alias
In the matter of
Onyango Fredrick Otieno
1st Applicant
Solomon Oduor Onyango
2nd Applicant
George Ogutu Onyango
3rd Applicant
Nobbert Jude Oduor Onyango
4th Applicant
Ruling
1. I have considered the summons for rectification of grant dated 19th December 2023, the supporting affidavit and annextures.
2. I have also heard Mr. Jude Onyango Advocate orally. I have perused the consent to rectification dated 19th December 2023 signed by all beneficiaries.
3. I note that the error complained of did not originate from court but from the administrator’s schedule which the court relied upon to prepare the certificate of confirmation of grant.
4. As all beneficiaries have consented to the proposed rectification of grant as confirmed to facilitate speedy distribution of the estate of the deceased James Lucas Onyango alias James Lukas Onyango alias James Lukas Henry Onyango, I hereby allow the summons for rectification of grant as prayed.
5. An amended certificate of confirmation of grant to issue forthwith and using the template contained in the summons for rectification of grant.
6. Subject to Section 83 of the Law of Succession Act, this file is closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 22NDDAY OF MARCH, 2024R. ABURILIJUDGE