[2024] KEHC 11061 (KLR)
The court found that the application for rectification of the certificate of confirmation of grant was properly before it, all beneficiaries were present and had consented to the inclusion of parcel No. Bukhayo/Mundika/4864 and the proposed mode of distribution. There being no objection, the court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 11061 (KLR)
- Parties
- Applicant: George Wesonga Ng’weno; Respondent: All beneficiaries of the estate of Kamao Were Ng’weno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E036 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- MS Shariff
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Wesonga Ng’weno
Applicant
All beneficiaries of the estate of Kamao Were Ng’weno
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include parcel No. Bukhayo/Mundika/4864.
- 2 Whether the estate should be distributed as per the consented schedule annexed to the application.
Ratio Decidendi
The court found that the application for rectification of the certificate of confirmation of grant was properly before it, all beneficiaries were present and had consented to the inclusion of parcel No. Bukhayo/Mundika/4864 and the proposed mode of distribution. There being no objection, the court exercised its discretion under the Law of Succession Act to allow the rectification and ordered that the estate be distributed as per the consented schedule. The rectified certificate of grant was to issue accordingly, and the file was marked as closed.
Court Disposition
Application for rectification of grant allowed.
Orders
- The certificate of confirmation of grant dated 13.1.2014 is rectified to include parcel No. Bukhayo/Mundika/4864.
- The estate of the deceased shall be distributed as per the schedule contained in the consent to rectification of certificate of grant annexed to the application.
Full Case Text
Judgment text and source record
11 paragraphs
In re Estate of Kamao Were Ng’weno alias Jonae Ngweno Were alias Janae Ngweno Were (Deceased) (Miscellaneous Succession Cause E036 of 2024) [2024] KEHC 11061 (KLR) (23 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11061 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E036 of 2024
MS Shariff, J
September 23, 2024
IN THE MATTER OF THE ESTATE OF: KAMAO WERE NG’WENO ALIAS JONAE NGWENO WERE ALIAS JANAE NGWENO WERE (DECEASED)
Ruling
1. I have perused the summons for rectification of grant dated 21. 5.2024 and the affidavit in support thereof sworn by George Wesonga Ng’weno on even date and I do note that all the beneficiaries are present and are agreeable to the proposed mode of distribution of parcel Bukhayo/Mundika/4864 wherefore I do hereby allow the application and I make the following orders:1. The certificate of confirmation of granted dated 13. 1.2014 is hereby rectified to include parcel No. Bukhayo/Mundika/4864. 2.The estate of the deceased shall be distributed as per schedule contained in the consent to rectification of certificate of grant annexed to this application.3. A rectified certificate of grant to issue accordingly.4. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 23RD DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE