[2024] KEHC 7127 (KLR)
The court found that although the parcel of land in question was jointly registered in the names of Joel Osedo Pete and Jenifa Otiende Akiri, the succession cause only related to the estate of Joel Osedo Pete. There was no evidence before the court that Jenifa Otiende Akiri was deceased or that Sara Achieng Juma was...
Source-derived case information.
- Citation
- [2024] KEHC 7127 (KLR)
- Parties
- Applicant: Solomon Otieno Ondiege; Applicant: Joe Ombwayo Miyaa; Respondent: Sara Achieng Juma
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1122 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons to Rectify Confirmed Grant
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Rectification of Grant, Probate and Administration, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Otieno Ondiege
Applicant
Joe Ombwayo Miyaa
Applicant
Sara Achieng Juma
Respondent
Procedural Posture
Succession Cause / Ruling on Summons to Rectify Confirmed Grant
Legal Issues
- 1 Whether the court can rectify a confirmed grant to distribute a parcel of land registered jointly in the names of the deceased and another person.
- 2 Whether sufficient evidence was provided to show that Jenifa Otiende Akiri is deceased and that Sara Achieng Juma is her administratrix.
Ratio Decidendi
The court found that although the parcel of land in question was jointly registered in the names of Joel Osedo Pete and Jenifa Otiende Akiri, the succession cause only related to the estate of Joel Osedo Pete. There was no evidence before the court that Jenifa Otiende Akiri was deceased or that Sara Achieng Juma was her administratrix. Therefore, the court could not purport to distribute the share of Jenifa Otiende Akiri in the absence of such evidence. The application for rectification of the confirmed grant was thus found to be without merit and was disallowed.
Court Disposition
application dismissed
Orders
- The application for rectification of the confirmed grant is disallowed.
- No orders as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Joel Osedo Pete alias Osedo Pete (Deceased) (Succession Cause 1122 of 2014) [2024] KEHC 7127 (KLR) (13 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7127 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1122 of 2014
MS Shariff, J
June 13, 2024
IN THE MATTER OF SUMMONS TO RECTIFY A CONFIRMED GRANT OF LETTERS AND THE APPLICATION BY: SOLOMON OTIENO ONDIEGE & JOE OMBWAYO MIYAA
Ruling
1. Vide a chamber summons dated 21st May, 2024 brought under the provisions of Rule 43 (1) of the Probate and Administration Rules and supported by the affidavit of Solomon Otieno Ondiege and Joe Ombwayo Miya sworn jointly on even date, the Applicants seek prayers for the rectification of the grant as confirmed on 22nd December 2017 on grounds that parcel No. Kisumu/Kajulu/Wathorego/1700 was registered in the name of the deceased Joel Osedo Pete and Jenifa Otiende and that one Sara Achieng Juma is the Administrator of the estate of Jenifa Otiende wherefore the said parcel of land ought to be distributed to her.
2. I have considered the entire application, the affidavit in support thereof and the copy of search dated 22. 9.2014 in respect of parcel No. Kisumu/Wathorego/1700 and I do confirm that indeed the said parcel of land is registered in the names of Jenifa Otiende Akiri and Joel Osodo Opete.
3. The aforesaid confirmation notwithstanding, this probate cause relates to the estate of Joel Osedo Pete alias Osedo Pete and not Jenifa Otiende Akiri wherefore this court cannot purport to distribute the share of Jenifa Otiende Akiri.
4. In any event no evidence has been placed before this court to demonstrate that Jenifa Otiende Akiri is deceased and that Sara Achieng Juma is the administratrix of her estate.
5. On the balance this application is without merit and I thus disallow it with no orders as to costs.
6. This file is marked as closed.
SIGNED DATED AND DELIVERED THIS 13TH DAY OF JUNE, 2024. M. S. SHARIFFJUDGE13/6/24