[2024] KEHC 11995 (KLR)

[2024] KEHC 11995 (KLR)

The court found that the application for rectification of the certificate of confirmation of grant was meritorious, as the evidence supported the inclusion of the name Omedo Oracha and the correct indication of the deceased's name as Julius Omedo alias Omedo Oracha. The court exercised its statutory power under the...

Source-derived case information.

Citation
[2024] KEHC 11995 (KLR)
Parties
Applicant: Andrew Onyando Omedo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 438 of 2011
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
Application for rectification of grant allowed.
Judges
MS Shariff
Legal Topics
Rectification of Grant, Confirmation of Grant, Succession Procedure
Source Language
en
Family and Children Rectification of Grant Confirmation of Grant Succession Procedure

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Parties

Andrew Onyando Omedo

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be rectified to include the name of Omedo Oracha and indicate the deceased's name as Julius Omedo alias Omedo Oracha.

Ratio Decidendi

The court found that the application for rectification of the certificate of confirmation of grant was meritorious, as the evidence supported the inclusion of the name Omedo Oracha and the correct indication of the deceased's name as Julius Omedo alias Omedo Oracha. The court exercised its statutory power under the Law of Succession Act to rectify the grant to reflect the true particulars of the deceased, ensuring accuracy in the administration of the estate.

Court Disposition

Application for rectification of grant allowed.

Orders

  • The certificate of confirmation of grant dated 24.2.2014 is rectified to include the name of Omedo Oracha and the deceased’s name shall be indicated as Julius Omedo alias Omedo Oracha.
  • A rectified certificate of confirmation of grant to issue accordingly.