[2024] KEHC 5192 (KLR)
The court found that since parcel Kisumu/Kogony/1931 had, by order of the Environment and Land Court, reverted to the deceased's name, it properly forms part of the estate for administration under succession proceedings. The only lawful means to administer the asset is through rectification of the confirmed grant....
Source-derived case information.
- Citation
- [2024] KEHC 5192 (KLR)
- Parties
- Applicant: Mark Odoro Seda; Respondent: Nyangiri Ndia (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 110 of 1990
- Procedural Posture
- Succession Cause / Ruling on Application to Amend Confirmed Grant
- Outcome
- Application for rectification of grant allowed with conditions.
- Judges
- RE Aburili
- Legal Topics
- Succession, Grant Rectification, Estate Administration, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Odoro Seda
Applicant
Nyangiri Ndia (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application to Amend Confirmed Grant
Legal Issues
- 1 Whether the confirmed grant should be amended to include parcel Kisumu/Kogony/1931 as part of the deceased's estate.
- 2 Whether the applicant is entitled to a rectified certificate of confirmation before availing all beneficiaries to court.
- 3 How the newly included asset should be distributed among beneficiaries.
Ratio Decidendi
The court found that since parcel Kisumu/Kogony/1931 had, by order of the Environment and Land Court, reverted to the deceased's name, it properly forms part of the estate for administration under succession proceedings. The only lawful means to administer the asset is through rectification of the confirmed grant. However, the applicant is not entitled to a rectified certificate of confirmation until all beneficiaries are availed to the court, ensuring equitable distribution in accordance with the law and the prior ELC judgment. The court thus allowed the application for rectification but imposed a condition precedent to the issuance of the rectified certificate.
Court Disposition
Application for rectification of grant allowed with conditions.
Orders
- The certificate of confirmation of grant dated 15th August 1996 shall be rectified to include title No. Kisumu/Kogony/1931.
- The petitioner shall ensure equal distribution of the said asset to all surviving beneficiaries and/or dependants.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Nyangiri Ndia (Deceased) (Succession Cause 110 of 1990) [2024] KEHC 5192 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5192 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 110 of 1990
RE Aburili, J
May 9, 2024
IN THE MATTER OF THE ESTATE OF NYANGIRI NDIA (DECEASED) AND IN THE MATTER OF APPLICATION BY MARK ODORO SEDA – PETITIONER/APPLICANT
Ruling
1. A grant was issued on 13th November 1990 to Mark Odoro Seda to administer the estate of Nyangiri Ndia. That grant was confirmed on 15th August 1996.
2. Vide Notice of Motion dated 27th July 2023 which has not been prosecuted, the Petitioner sought for amendment of the confirmed grant to include one asset Kisumu/Kogony/1931 which was subject to litigation in Kisumu ELC No. 14 of 2019 (OS) which from the annexed judgment, dated 6th January 2021 the court ordered that that parcel title do revert to the name of the deceased Nyangiri Ndia pending succession.
3. Succession had however been commenced herein hence the only way to have that parcel asset administered is through these proceedings.
4. I hereby allow the application dated 27th July 2023 and order that the certificate of confirmation of grant dated 15th August 1996 shall be rectified to include title No. Kisumu/Kogony/1931.
5. As there are other named beneficiaries, the Petitioner shall ensure equal distribution of the said asset to all the surviving beneficiaries and or dependants as the asset does not belong to him exclusively, going by the judgment in ELC No. 14 of 2019 (OS) at Kisumu.
6. However, the Applicant shall not be issued with a rectified certificate of confirmation until he avails to court all beneficiaries of the estate.
7. Mention on 23rd May 2024.
8. Applicant’s counsel Mr. Bildad Abong to be served with Notice.
Dated, Signed and Delivered at Kisumu this 9th Day of May, 2024R. E. ABURILIJUDGEPage 2 of 2