[2023] KEHC 2999 (KLR)
The court found that the omission of property Kisumu/Municipality/Block12/217/11 from the confirmed grant was inadvertent and that its inclusion would not prejudice the estate or any beneficiary. The administrator's application was supported by affidavit evidence and there was no objection from any party. The court...
Source-derived case information.
- Citation
- [2023] KEHC 2999 (KLR)
- Parties
- Applicant: Linet Adhiambo Ojwang; Respondent: Maurice Odhiambo Ojwang alias Maurice Ojwang (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E003 of 2021
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Confirmed Grant
- Outcome
- application for rectification of confirmed grant allowed
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Rectification, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linet Adhiambo Ojwang
Applicant
Maurice Odhiambo Ojwang alias Maurice Ojwang (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the confirmed grant should be rectified to include property omitted from the initial confirmation.
- 2 Whether inclusion of the omitted property would prejudice the estate or beneficiaries.
Ratio Decidendi
The court found that the omission of property Kisumu/Municipality/Block12/217/11 from the confirmed grant was inadvertent and that its inclusion would not prejudice the estate or any beneficiary. The administrator's application was supported by affidavit evidence and there was no objection from any party. The court exercised its discretion under the Law of Succession Act to rectify the confirmed grant, set aside the previous certificate, and ordered issuance of an amended certificate to include the omitted property, which was to be apportioned to the purchaser, Dan Onyango Maina. The court further directed that the estate be fully administered and the process concluded within six months...
Court Disposition
application for rectification of confirmed grant allowed
Orders
- The certificate of confirmation of grant issued on March 11, 2022 is set aside.
- A fresh amended certificate of confirmation of grant shall be issued to include property Kisumu/Municipality/Block12/217/11.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Maurice Odhiambo Ojwang (Deceased) (Succession Cause E003 of 2021) [2023] KEHC 2999 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2999 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E003 of 2021
RE Aburili, J
March 24, 2023
Between
IN THE MATTER OF THE ESTATE OF: MAURICE ODHIAMBO OJWANG alias MAURICE OJWANG
Deceased
and
IN THE MATTER OF APPLICATION BY: LINET ADHIAMBO OJWANG-
Applicant
Ruling
1. The petitioner/applicant herein Linet Adhiambo Ojwang was issued with a grant of letters of administration intestate on March 11, 2022 to administer the estate of the late Maurice Odhiambo Ojwang alias Maurice Ojwang.
2. The said grant was confirmed on March 11, 2022 distributing the assets of the deceased and following a signed consent by all the beneficiaries.
3. The Administrator is back into court with an application seeking to rectify the grant as confirmed to include the property which was omitted namely Kisumu/Municipality/12/217/11 which is said to have belonged to the deceased Maurice Odhiambo Ojwang and which he had sold to Dan Onyango Maina.
4. I have considered the application and the sworn affidavit by the administrator and sole beneficiary of the deceased’s estate. I find that no prejudice will be occasioned to the estate if the property omitted is included in the certificate of confirmation.
5. I hereby allow the application dated March 8, 2023. I set aside the certificate of confirmation of grant issued on March 11, 2022 and substitute it with an order that a fresh amended certificate of confirmation of grant be issued to include the property Kisumu/Municipality/Block12/217/11 which shall be apportioned to Dan Onyango Maina the purchaser.
6. The estate of the deceased to be fully administered and the process be concluded within six (6) months of today as stipulated in Section 83 of the Law of Succession Act.
7. The file is hereby closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE