[2024] KEHC 7305 (KLR)

[2024] KEHC 7305 (KLR)

The court found, based on the supplementary affidavit and the annexed official search, that parcel Kisumu/Seme/Ratta/1569 is indeed property of the deceased's estate. As such, the omission of this parcel from the original certificate of confirmation of grant was an error that warranted rectification under section 74...

Source-derived case information.

Citation
[2024] KEHC 7305 (KLR)
Parties
Applicant: Margaret Atieno Owuor; Respondent: Japheth Owuor Ondiek (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause E028 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
summons for rectification of grant allowed
Judges
MS Shariff
Legal Topics
Succession, Rectification of Grant, Confirmation of Grant, Transmission of Property
Source Language
en
Family and Children Succession Rectification of Grant Confirmation of Grant Transmission of Property

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Margaret Atieno Owuor

Applicant

Japheth Owuor Ondiek (Deceased)

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether parcel No. Kisumu/Seme/Ratta/1569 forms part of the estate of the deceased and should be included in the certificate of confirmation of grant.
  2. 2 Whether the certificate of confirmation of grant should be rectified to include the said parcel and transmitted to the applicant.

Ratio Decidendi

The court found, based on the supplementary affidavit and the annexed official search, that parcel Kisumu/Seme/Ratta/1569 is indeed property of the deceased's estate. As such, the omission of this parcel from the original certificate of confirmation of grant was an error that warranted rectification under section 74 of the Law of Succession Act. The court therefore allowed the summons for rectification, ordered the inclusion of the parcel in the certificate, and directed that it be transmitted in whole to the applicant, Margaret Atieno Owuor.

Court Disposition

summons for rectification of grant allowed

Orders

  • The certificate of confirmation of grant issued on 22nd September, 2005 is rectified to include parcel No. Kisumu/Seme/Ratta/1569.
  • Parcel No. Kisumu/Seme/Ratta/1569 to be transmitted to Margaret Atieno Owuor in whole.