[2023] KEHC 921 (KLR)
The court found that all beneficiaries of the estate had signed a consent agreeing to the rectification of the certificate of confirmation of grant. There was no opposition to the application, and the rectification was necessary to accurately reflect the agreed distribution of the estate. The court therefore granted...
Source-derived case information.
- Citation
- [2023] KEHC 921 (KLR)
- Parties
- Applicant: George Onyango Opiyo; Respondent: Beneficiaries of the estate of Jason Opiyo Rombo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 4B of 2016
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed by consent of all beneficiaries.
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Onyango Opiyo
Applicant
Beneficiaries of the estate of Jason Opiyo Rombo
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant issued on November 14, 2022 should be rectified as per the beneficiaries' consent and the summons for rectification of grant dated November 24, 2022.
Ratio Decidendi
The court found that all beneficiaries of the estate had signed a consent agreeing to the rectification of the certificate of confirmation of grant. There was no opposition to the application, and the rectification was necessary to accurately reflect the agreed distribution of the estate. The court therefore granted the prayers sought in the summons for rectification of grant, directed the surrender of the original certificate, and ordered the issuance of a fresh rectified certificate in accordance with the beneficiaries' agreement.
Court Disposition
Application for rectification of grant allowed by consent of all beneficiaries.
Orders
- Prayers No 2a, b, c & d of the summons for rectification of grant dated November 24, 2022 are granted.
- The original certificate of confirmation of grant issued on November 14, 2022 shall be surrendered to court forthwith.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Jason Opiyo Rombo (Deceased) (Succession Cause 4B of 2016) [2023] KEHC 921 (KLR) (13 February 2023) (Ruling)
Neutral citation: [2023] KEHC 921 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 4B of 2016
RE Aburili, J
February 13, 2023
IN THE MATTER OF THE ESTATE OF JASON OPIYO ROMBO (DECEASED) AND IN THE MATTER OF AN APPLICATION BY GEORGE ONYANGO OPIYO (ADMINISTRATOR)
Ruling
1. As all beneficiaries of the estate of the late Jason Opiyo Rombo have agreed and signed the consent filed in court on February 8, 2023 to have the certificate of confirmation of grant issued on November 14, 2022 rectified as per the prayers sought in the summons for rectification of grant dated November 24, 2022, I hereby grant the prayers No 2a, b, c & d of the summons for rectification of grant dated November 24, 2022. I direct that the original certificate of confirmation of grant issued on November 14, 2022 be surrendered to court forthwith and a fresh rectified certificate of confirmation of grant do issue forthwith reflecting the rectified position as agreed by all the beneficiaries.
2. I so order.
3. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF FEBRUARY, 2023R.E. ABURILIJUDGE