[2024] KEHC 14202 (KLR)
The court found that the application for rectification of grant was merited because the previously omitted property, Land Parcel No. East Gem/Nyamninia/2634, was excluded solely due to pending litigation, which has since been resolved in favor of the applicant. All beneficiaries, being adults, have consented to the...
Source-derived case information.
- Citation
- [2024] KEHC 14202 (KLR)
- Parties
- Applicant: Monica Adhiambo Olewe; Respondent: Bethwel Nyangao Wango; Respondent: District Land Registrar, Siaya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E092 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- summons for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Succession Procedure, Consent of Beneficiaries, Distribution of Estate, Land Transmission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Adhiambo Olewe
Applicant
Bethwel Nyangao Wango
Respondent
District Land Registrar, Siaya
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the summons for rectification of grant dated 14th November 2024 should be allowed.
- 2 Whether all beneficiaries have consented to the rectification and inclusion of the omitted property.
- 3 Whether the previously omitted land parcel can now be included in the distribution schedule following the conclusion of related litigation.
Ratio Decidendi
The court found that the application for rectification of grant was merited because the previously omitted property, Land Parcel No. East Gem/Nyamninia/2634, was excluded solely due to pending litigation, which has since been resolved in favor of the applicant. All beneficiaries, being adults, have consented to the rectification. There was no opposition to the application. The court therefore allowed the rectification to ensure the estate is distributed in accordance with the true wishes of the beneficiaries and the law, and directed that a further rectified certificate of confirmation of grant be issued to reflect the inclusion of the omitted property.
Court Disposition
summons for rectification of grant allowed
Orders
- Summons for rectification of grant dated 14th November 2024 is allowed.
- A further rectified certificate of confirmation of grant to issue, reflecting inclusion of Land Parcel No. East Gem/Nyamninia/2634.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Joseph Daniel Olewe Owiti (Deceased) (Miscellaneous Succession Cause E092 of 2024) [2024] KEHC 14202 (KLR) (15 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14202 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E092 of 2024
RE Aburili, J
November 15, 2024
IN THE MATTER OF THE ESTATE OF JOSEPH DANIEL OLEWE OWITI (DECEASED) AND IN THE MATTER OF AN APPLICATION BY MONICA ADHIAMBO OLEWE - PETITIONER
Ruling
1. I have perused the application by way of Summons for rectification of grant dated 14th November 2024. I find no urgency disclosed in the application. I decline to certify it as urgent.
2. However, on the merits of the application, I observe that this is a non-contested Succession Cause where the Applicant is not the sole beneficiary of the estate of the deceased Joseph Daniel Olewe Owiti and that all beneficiaries have consented as adults vide the consent dated 24th October 2024.
3. The Applicant was issued with a grant to administer the estate of the deceased in Kisumu HC P&A No. 13 of 2018 on 27th June 2021 which grant was confirmed on 1st October 2018 and exactly 5 years ago, she returned to court seeking for rectification of that grant, which rectification was done on 14th November 2019.
4. From the supporting affidavit, Land Parcel No. East Gem/Nyamninia/2634 was not included in the distribution schedule during confirmation of the grant because there was pending litigation vide Siaya CM ELRC Case No. E040 of 2021 between the Applicant and Bethwel Nyangao Wango and the District Land Registrar, Siaya.
5. That dispute has since been determined as shown by copy of Judgment and Decree annexed. The disputed land has also been transmitted to the Applicant.
6. Accordingly, I hereby allow the summons for rectification of grant dated 14th November 2024 and direct that a further rectified certificate of confirmation of grant do issue, showing that this matter is an offshoot of Kisumu HC Succession Cause No. 13 of 2018.
7. Ruling to be typed.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE