[2023] KEHC 24507 (KLR)

[2023] KEHC 24507 (KLR)

The court found that there was a clear and undisputed error on the face of the record in the previous order distributing the deceased's estate, as the applicant's name was omitted despite her entitlement as a child of the deceased. The omission was inadvertent and contrary to the principle of equal distribution...

Source-derived case information.

Citation
[2023] KEHC 24507 (KLR)
Parties
Applicant: Polly Kanyua Ikiugu; Respondent: Andrew Gikunda Raikanya
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Succession Cause 401 of 2013
Procedural Posture
Succession Cause / Ruling on Application for Review of Distribution Order
Outcome
Application for review allowed; order rectified to include applicant as beneficiary.
Judges
TW Cherere
Legal Topics
Succession, Estate Distribution, Rectification of Grant, Error on Face of Record
Source Language
en
Family and Children Succession Estate Distribution Rectification of Grant Error on Face of Record

Source-derived case record

Summary, issues, holding and outcome

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Parties

Polly Kanyua Ikiugu

Applicant

Andrew Gikunda Raikanya

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Review of Distribution Order

Legal Issues

  1. 1 Whether there was an error on the face of the record in the distribution of the deceased's estate.
  2. 2 Whether the applicant's name was inadvertently omitted from the list of beneficiaries entitled to a share of the estate.

Ratio Decidendi

The court found that there was a clear and undisputed error on the face of the record in the previous order distributing the deceased's estate, as the applicant's name was omitted despite her entitlement as a child of the deceased. The omission was inadvertent and contrary to the principle of equal distribution among beneficiaries. The court exercised its power of review to rectify the error by inserting the applicant's name and ensuring that the estate was distributed equally among all seven beneficiaries, each receiving a one-seventh share. The review was necessary to uphold the integrity of the succession process and to prevent injustice to the applicant.

Court Disposition

Application for review allowed; order rectified to include applicant as beneficiary.

Orders

  • Order 2 of the Orders issued on March 16, 2023 is reviewed by inserting the name of Polly Kanyua Ikiugu as a beneficiary entitled to 1/7 share of LR. Nyaki/Mulathankari/154.
  • Mention set for 14th December to confirm distribution.