[2024] KEHC 4845 (KLR)
The court found that the applicant, being the sole beneficiary and administrator, had established that the property of the estate was misdescribed in the confirmed grant. The court held that the error was apparent and merited rectification under the applicable law. The erroneous order was set aside and substituted...
Source-derived case information.
- Citation
- [2024] KEHC 4845 (KLR)
- Parties
- Applicant: Jane Anyango Mugar; Respondent: Margaret Okelo Odunga (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 883 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application allowed; grant rectified
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Misdescription of Property, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Anyango Mugar
Applicant
Margaret Okelo Odunga (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant issued to the applicant should be rectified to correct the misdescription of the estate property.
Ratio Decidendi
The court found that the applicant, being the sole beneficiary and administrator, had established that the property of the estate was misdescribed in the confirmed grant. The court held that the error was apparent and merited rectification under the applicable law. The erroneous order was set aside and substituted with an order for reissuance of the grant to reflect the correct property description, as per the supporting affidavit. The court further ordered that a fresh certificate of confirmation of grant be issued and closed the file subject to the filing of accounts as required by Section 83 of the Laws of Succession Act.
Court Disposition
application allowed; grant rectified
Orders
- The erroneous order of misdescription is set aside and substituted with an order that the grant issued in favour of the sole beneficiary/applicant and confirmed on 3rd August 2022 is reissued to accord with paragraph 5 of the summons for rectification of grant supporting affidavit.
- A fresh certificate of confirmation of grant to issue.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Margaret Okelo Odunga (Deceased) (Succession Cause 883 of 2003) [2024] KEHC 4845 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4845 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 883 of 2003
RE Aburili, J
April 25, 2024
IN THE MATTER OF THE ESTATE OF MARGARET OKELO ODUNGA (DECEASED) AND IN THE APPLICTION BY JANE ANYANGO MUGAR - APPLICANT
Ruling
1. I have considered the application dated 17th April 2024 which seeks to rectify the grant issued to the Administrator/Applicant as confirmed on 3rd August 2022, the grounds in support and deposition by the Applicant sole beneficiary of the estate of the deceased Margaret Okello Odunga.
2. It is asserted and deposed that the property of the estate was wrongly described as Kisumu/Manyatta/340 instead of Kisumu/Manyatta ‘A’/2381.
3. As the Applicant is the sole beneficiary of the estate and the asset which was misdescribed, I find merit in the application.
4. I set aside the erroneous order of misdescription and substitute it with an order that the grant issued in favour of the sole beneficiary/Applicant herein and confirmed on 3rd August 2022 be and is hereby reissued to accord with paragraph 5 of the summons for rectification of grant supporting affidavit.
5. A fresh certificate of confirmation of grant to issue.
6. This file is closed subject to Section 83 of the Laws of Succession Act on filing of accounts.
7. I so order.
Dated, Signed and Delivered at Kisumu this 25thDay of April, 2024R. ABURILIJUDGEPage 2 of 2