[2023] KEHC 3464 (KLR)
The court found that the application for rectification was merited as it sought to correct a typographical error in the description of two bank accounts in the grant of representation. The rectification did not alter the mode of distribution of the estate as previously confirmed by the court. The court allowed the...
Source-derived case information.
- Citation
- [2023] KEHC 3464 (KLR)
- Parties
- Applicant: George Best Odhiambo; Applicant: Rosemary Muganda Onyando
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 247 of 2000
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Typographical Error, Bank Account Description, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Best Odhiambo
Applicant
Rosemary Muganda Onyando
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to correct typographical errors in the description of two bank accounts.
- 2 Whether the rectification affects the mode of distribution of the estate as per the confirmed grant.
Ratio Decidendi
The court found that the application for rectification was merited as it sought to correct a typographical error in the description of two bank accounts in the grant of representation. The rectification did not alter the mode of distribution of the estate as previously confirmed by the court. The court allowed the rectification, ordered the issuance of an amended certificate of confirmation of grant with the correct bank account descriptions, and closed the file subject to the administrators rendering a full and accurate account of the estate as required by law.
Court Disposition
Application for rectification of grant allowed.
Orders
- Rectification of the grant to correct the description of the two bank accounts as specified.
- Mode of distribution of monies in the accounts to remain as per the certificate of confirmation of grant issued on 11th March 2022.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of John Odhiambo Muganda (Deceased) (Succession Cause 247 of 2000) [2023] KEHC 3464 (KLR) (24 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3464 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 247 of 2000
RE Aburili, J
April 24, 2023
In the matter of
George Best Odhiambo
1st Applicant
Rosemary Muganda Onyando
2nd Applicant
Ruling
1. I have perused the Summons for rectification of grant dated 14th March 2023 where the administrators have sworn a joint affidavit as to the manner of rectification of the grant which whey described as being a typographical error, in the description of the two Bank accounts.
2. I allow rectification on the description of the Bank accounts as follows:Barclays Bank Account No. xxxx.KCB Bank Account No. xxxx.
3. The mode of distribution of monies held in the said accounts shall remain as per the certificate of confirmation of grant issued on 11th March 2022.
4. An amended certificate of confirmation of grant to be re-issued with the correct description of the two Bank accounts as above.
5. Subject to Section 83 of the Law of Succession Act on rendering of a full and accurate account of the estate of the deceased to court, this file is now closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24THDAY OF APRIL, 2023R. E. ABURILIJUDGE