[2024] KEHC 15221 (KLR)
The court found that the applicants, as administrators and beneficiaries, had identified assets omitted from the original confirmed grant and properly applied for rectification. There was no opposition to the application, and the court was satisfied that the omission was genuine and that rectification would not...
Source-derived case information.
- Citation
- [2024] KEHC 15221 (KLR)
- Parties
- Applicant: Pankaj Mokar Shah; Applicant: Dilip Mokar Shah
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E080 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pankaj Mokar Shah
Applicant
Dilip Mokar Shah
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to include assets omitted in the original confirmation of grant.
- 2 How the newly identified assets should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the applicants, as administrators and beneficiaries, had identified assets omitted from the original confirmed grant and properly applied for rectification. There was no opposition to the application, and the court was satisfied that the omission was genuine and that rectification would not prejudice any party. The court ordered that the newly identified assets be distributed equally between the two beneficiaries, in accordance with their joint affidavit, and directed that a rectified certificate of confirmation of grant be issued. The previous distribution as per the certificate dated 8th June 2010 remains unchanged. The court further directed compliance with...
Court Disposition
application for rectification of grant allowed
Orders
- The grant of representation is rectified to include the omitted assets as listed in the affidavit sworn by the administrators.
- Each beneficiary shall receive 50% of each newly identified asset.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Mokar Dharamshi Shah (Deceased) (Miscellaneous Succession Cause E080 of 2024) [2024] KEHC 15221 (KLR) (2 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15221 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E080 of 2024
RE Aburili, J
December 2, 2024
IN THE MATTER OF THE ESTATE OF MOKAR DHARAMSHI SHAH (DECEASED) AND IN THE MATTER OF AN APPLICATION BY PANKAJ MOKAR SHAH and DILIP MOKAR SHAH - PETITIONERS
In the matter of
Pankaj Mokar Shah
1st Petitioner
Dilip Mokar Shah
2nd Petitioner
(Arising from Kisumu High Court Succession No. 211 of 2007)
Ruling
1. The application dated 24th October 2024 seeks rectification of grant issued in Succession Cause No. 211 of 2007 and confirmed on 8th June 2010 which left out some assets which have now been identified and listed in paragraph 5 of the affidavit sworn jointly by the administrators/beneficiaries.
2. I allow the application. The beneficiaries shall each get 50% of each new share/asset listed. The earlier distribution done remains as it is in the certificate of confirmation dated 8th June 2010.
3. A fresh rectified certificate of confirmation of grant to issue reflecting the distribution.
4. Subject to Section 83 of the Law of Succession Act on filing of accounts, this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 2NDDAY OF DECEMBER, 2024R. E. ABURILIJUDGE