[2024] KEHC 12836 (KLR)
The court found that since it had already allowed an application for rectification of the certificate of confirmation of grant on 24 January 2024, but the rectified certificate was never extracted, it was proper to allow the present application. The court thus ordered that a rectified certificate of grant be issued...
Source-derived case information.
- Citation
- [2024] KEHC 12836 (KLR)
- Parties
- Applicant: Abdi Rizak Mohamed Issa; Applicant: Fatuma Mohamed Issa; Applicant: Ismail Mohamed Haji Issa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E002 of 2022
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- F.S Ibrahim
- Legal Topics
- Rectification of Grant, Succession Procedure, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdi Rizak Mohamed Issa
Applicant
Fatuma Mohamed Issa
Applicant
Ismail Mohamed Haji Issa
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court should allow the application for rectification of the certificate of confirmation of grant.
- 2 Whether a rectified certificate of grant should issue where the previous rectification was allowed but not extracted.
Ratio Decidendi
The court found that since it had already allowed an application for rectification of the certificate of confirmation of grant on 24 January 2024, but the rectified certificate was never extracted, it was proper to allow the present application. The court thus ordered that a rectified certificate of grant be issued accordingly, ensuring compliance with its earlier decision and the requirements of the Law of Succession Act regarding rectification of grants.
Court Disposition
Application for rectification of grant allowed.
Orders
- A rectified certificate of grant to issue accordingly.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Mohamed Haji Issa (Deceased) (Succession Cause E002 of 2022) [2024] KEHC 12836 (KLR) (24 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12836 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E002 of 2022
F.S Ibrahim, J
October 24, 2024
(IN THE MATTER OF AN APPLCATION BY ABDI RIZAK MOHAMED ISSA, FATUMA MOHAMED ISSA AND ISMAIL MOHAMED HAJI ISSA (ADMINISTRATORS)
Ruling
1. Upon perusal of the summons for rectification of grant dated 22. 10. 2024 and the affidavit in support thereof sworn by Ismail Mohamed Haji Issa on even date and the enclosures therein I do note that whereas this court had allowed an application for rectification of the certificate of confirmation of grant on 24. 1.2024, the rectified certificate was never extracted wherefore I do allow this application as prayed.
2. A rectified certificate of grant to issue accordingly.
3. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 24TH DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE