[2023] KEHC 21019 (KLR)
The court found that LR. No. Kericho/Kebeneti/2144 was indeed an asset of the deceased that was erroneously omitted from the original succession proceedings. The omission was a genuine mistake, as evidenced by the official search and the consent of all beneficiaries. The court held that rectification of the grant...
Source-derived case information.
- Citation
- [2023] KEHC 21019 (KLR)
- Parties
- Applicant: Joseph Musee Malel; Applicant: James Kiplangat Malel; Applicant: Andrew Arap Malel; Respondent: Caroline Chepngetich Malel
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 124 of 2013
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- JK Sergon
- Legal Topics
- Rectification of Grant, Succession Procedure, Omitted Assets, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Musee Malel
Applicant
James Kiplangat Malel
Applicant
Andrew Arap Malel
Applicant
Caroline Chepngetich Malel
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether LR. No. Kericho/Kebeneti/2144 was erroneously omitted from the list of assets in the deceased's estate.
- 2 Whether the grant should be rectified to include the omitted parcel of land.
Ratio Decidendi
The court found that LR. No. Kericho/Kebeneti/2144 was indeed an asset of the deceased that was erroneously omitted from the original succession proceedings. The omission was a genuine mistake, as evidenced by the official search and the consent of all beneficiaries. The court held that rectification of the grant was warranted to ensure all assets of the estate are properly accounted for and distributed in accordance with the law and the wishes of the beneficiaries. The application for rectification was therefore allowed, and the grant was amended to include the omitted parcel of land.
Court Disposition
application for rectification of grant allowed
Orders
- The Certificate of Confirmed Grant issued to Andrew Arap Malel on 1st April, 2019 is rectified to include LR. No. Kericho/Kebeneti/2144 as part of the estate of Martha Chepkoech Berenge, deceased.
- The newly included asset is to be distributed as proposed in the affidavit sworn by Joseph Musee Malel.
Full Case Text
Judgment text and source record
26 paragraphs
In re Estate of Martha Chepkoech Berenge (Deceased) (Succession Cause 124 of 2013) [2023] KEHC 21019 (KLR) (31 July 2023) (Ruling)
Neutral citation: [2023] KEHC 21019 (KLR)
Republic of Kenya
In the High Court at Kericho
Succession Cause 124 of 2013
JK Sergon, J
July 31, 2023
IN THE MATTER OF THE ESTATE OF THE LATE MARTHA CHEPKOECH BERENGE (DECEASED)
In the matter of
Joseph Musee Malel
Applicant
Ruling
1. The subject matter of this Ruling is the Summons for Rectification of Grant dated 19th May, 2022 taken out by one Jame Kiplangat Malel. The aforesaid summons is supported by the affidavit sworn by Joseph Musee Malel.
2. It is the averment of Joseph Musee Malel that the Parcel of Land known as LR. No.Kericho/Kebeneti/2144 was erroneously left out from the succession Proceedings in respect of the Estate of Martha Chepkoech Berenge, deceased.
3. The Certificate of Official Search indicates that the aforesaid Parcel of land is registered in the name of Chepkoech Berenge, deceased.
4. It is also apparent that the aforesaid parcel of land was not included as one of the assets of the deceased’s Estate.
5. The record shows that the following, James Kiplangat Malel, Andrew Arap Malel and Caroline Chepngetich Malel executed the Consent Form consenting to the filing of the application for rectification of the grant.
6. It is important to take note of the fact that the application for rectification of Grant is filed by Joseph Musee Malel who also swore the Affidavit which was filed in support of the Summons for Rectification.
7. In the application for Confirmation off Grant, Joseph Musee Malel, James Kiplangat Malel and Andrew Arap Malel are listed as sons of the deceased.
8. It is not in dispute that L.R. No.Kericho/Kebeneti/2144 was left as an asset of the Estate of the deceased.
9. I am persuaded that the aforesaid parcel was erroneously left out in the application for Confirmation of Grant. It would appear the error is a genuine mistake.
10. I am satisfied the Summons for Rectification of Grant is meritorious. It is allowed as prayed.
11. The Certificate of Confirmed Grant issued to Andrew Arap Malel issued on 1st April, 2019 is rectified. L.R. No. Kericho/Kebeneti/2144 is hereby included as forming part of the Estate of Martha Chepkoech Berenge, deceased.
12. The same to be distributed as proposed in the Affidavit sworn by Joseph Musee Malel.
13. Each party to bear their own costs.
DATED, SIGNED AND DELIVERED THIS 31ST DAY OF JULY, 2023. ..............................J.K. SERGONJUDGEIn the presence of:C/Assistant - RutohApplicants are Present