[2024] KEHC 14406 (KLR)

[2024] KEHC 14406 (KLR)

The court found that there was a clerical error in the previous ruling regarding the name of the beneficiary entitled to inherit 1.12 acres in Kericho/Abosi/46. The intention was for Selina Cherono Teres (2nd Objector) to inherit the said portion, not Selina Chepkoech Tonui. To ensure the distribution accurately...

Source-derived case information.

Citation
[2024] KEHC 14406 (KLR)
Parties
Applicant: Augustine Kipkosgei Tonui; Respondent: Joseph Kimutai Tonui; Respondent: Selna Cherono Teres
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Case Number
Succession Cause 174 of 2015
Procedural Posture
Succession Cause / Ruling on Correction of Distribution
Outcome
Ruling corrected to reflect the proper beneficiary; previous ruling recalled and amended.
Judges
RL Korir
Legal Topics
Succession, Estate Distribution, Rectification of Grant
Source Language
en
Family and Children Succession Estate Distribution Rectification of Grant

Source-derived case record

Summary, issues, holding and outcome

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Parties

Augustine Kipkosgei Tonui

Applicant

Joseph Kimutai Tonui

Respondent

Selna Cherono Teres

Respondent

Procedural Posture

Succession Cause / Ruling on Correction of Distribution

Legal Issues

  1. 1 Whether the name of the beneficiary entitled to inherit 1.12 acres in Kericho/Abosi/46 was correctly stated in the previous ruling.
  2. 2 Whether the schedule and mode of distribution should be corrected to reflect the intended beneficiary.

Ratio Decidendi

The court found that there was a clerical error in the previous ruling regarding the name of the beneficiary entitled to inherit 1.12 acres in Kericho/Abosi/46. The intention was for Selina Cherono Teres (2nd Objector) to inherit the said portion, not Selina Chepkoech Tonui. To ensure the distribution accurately reflects the court's intention and the rights of the beneficiaries, the court exercised its power to correct the error. The schedule and mode of distribution are to be amended accordingly, and the previously dispatched ruling is recalled and corrected to reflect this change.

Court Disposition

Ruling corrected to reflect the proper beneficiary; previous ruling recalled and amended.

Orders

  • The name of the beneficiary entitled to inherit 1.12 acres in Kericho/Abosi/46 is corrected to Selina Cherono Teres (2nd Objector).
  • The resultant schedule and mode of distribution shall reflect the corrected distribution.