[2019] KEHC 1974 (KLR)
The court found that the applicant had provided sufficient documentary evidence (allotment documents) to support the inclusion of the additional land plots in the estate of the deceased. As such, the requirements for rectification under section 74 of the Law of Succession Act were met. The court exercised its...
Source-derived case information.
- Citation
- [2019] KEHC 1974 (KLR)
- Parties
- Applicant: Sophia Chelangat Kerich; Respondent: John Kimutai Kerich alias John Kimutai A. Kerich (deceased)
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 92 of 2019
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- GMA Dulu
- Legal Topics
- Rectification of Grant, Administration of Estates, Inclusion of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sophia Chelangat Kerich
Applicant
John Kimutai Kerich alias John Kimutai A. Kerich (deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to include additional land plots belonging to the deceased.
- 2 Whether the annexed allotment documents are sufficient to justify inclusion of the plots in the estate.
Ratio Decidendi
The court found that the applicant had provided sufficient documentary evidence (allotment documents) to support the inclusion of the additional land plots in the estate of the deceased. As such, the requirements for rectification under section 74 of the Law of Succession Act were met. The court exercised its discretion to allow the rectification, ensuring that all assets of the deceased are properly administered and distributed according to law.
Court Disposition
application for rectification of grant allowed
Orders
- The application dated 1st July 2019 for rectification of grant is allowed.
- Certificate of confirmed rectified grant to issue.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
SUCCESSION CAUSE NO.92 OF 2014
IN THE MATTER OF THE ESTATE OF THE LATE:
JOHN KIMUTAI KERICH ALIAS JOHN KIMUTAI A. KERICH..................DECEASED
AND
SOPHIA CHELANGAT KERICH................................PETITIONER/APPLICANT
RULING
1. Before me is a summons dated 1st July 2019 for rectification of Grant of Letters of Administration.
2. The requested amendment is for the inclusion of several land plots that were in the name of John Kerich, the deceased, but whose allotment documents as of settlement plots have now been annexed to support their inclusion in the assets of the estate.
3. I thus allow the application dated 1st July 2019, and grant the rectification orders sought. Certificate of confirmed rectified grant to issue.
Dated and delivered at Kericho this 20th November 2019.
George Dulu
JUDGE