[2023] KEHC 23288 (KLR)
The court found that both parties were in agreement regarding the rectification of the certificate of confirmation of grant to correct the bank name and account numbers, and to amend the property assignment to reflect the judgment of 29th June 2023. As there was no opposition and the rectifications were consistent...
Source-derived case information.
- Citation
- [2023] KEHC 23288 (KLR)
- Parties
- Applicant: James Mudhune Kinyany; Respondent: Mary Josephine Kinyany
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 9 of 2019
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mudhune Kinyany
Applicant
Mary Josephine Kinyany
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to correct the name of the bank and account numbers.
- 2 Whether the property assigned to Mary Josephine Kinyany should be amended to reflect the judgment of 29th June 2023.
Ratio Decidendi
The court found that both parties were in agreement regarding the rectification of the certificate of confirmation of grant to correct the bank name and account numbers, and to amend the property assignment to reflect the judgment of 29th June 2023. As there was no opposition and the rectifications were consistent with the law and the parties' agreement, the court allowed the application and ordered the issuance of a fresh rectified certificate of confirmation of grant.
Court Disposition
application allowed
Orders
- A fresh rectified certificate of confirmation of grant to issue reflecting the agreed rectifications.
- The file is closed pending accounts being rendered within six months.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Michael Thomas Kinyany (Deceased) (Succession Cause 9 of 2019) [2023] KEHC 23288 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23288 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 9 of 2019
RE Aburili, J
October 5, 2023
Between
James Mudhune Kinyany
Petitioner
and
Mary Josephine Kinyany
Respondent
Ruling
1. The summons for rectification of grant dated 18th September 2023 seek for rectification of the certificate of confirmation of grant issued on 29th June 2023 to correct the name of the Bank which is indicated to be Sidian Bank and the account numbers thereof, to indicate Spire Bank and the account numbers to reflect 0203028501 and 0403028501 respectively.
2. In addition, parties’ counsel have agreed to have the property assigned to Mary Josephine Kinyany to reflect the judgment of 29th June 2023 at Paragraph 36 of the said judgement on distribution of the estate.
3. As both parties are agreeable to the respective rectifications sought hereinabove, I hereby allow the application dated 18th September 2023 and the oral application made by Ms. Ndirangu counsel for the 1st Administrator and order that a fresh rectified certificate of confirmation of grant do issue reflecting the agreed rectifications.
4. Accordingly, this file is now closed pending accounts being rendered within six (6) months of today.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF OCTOBER, 2023. R. E. ABURILIJUDGE