[2024] KEHC 6846 (KLR)
The court found that the applicant, being the sole beneficiary of the estate of the deceased, was entitled to rectification of the confirmed grant to include the omitted parcels of land. There was no objection to the application, and the omission was inadvertent. The court exercised its discretion to set aside the...
Source-derived case information.
- Citation
- [2024] KEHC 6846 (KLR)
- Parties
- Applicant: Samwel Onyango Ojwang; Respondent: Paul Ojwang Mucha (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E027 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Onyango Ojwang
Applicant
Paul Ojwang Mucha (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of confirmation can be rectified to include additional parcels of land omitted inadvertently.
- 2 Whether the applicant, as sole beneficiary, is entitled to the rectification sought.
Ratio Decidendi
The court found that the applicant, being the sole beneficiary of the estate of the deceased, was entitled to rectification of the confirmed grant to include the omitted parcels of land. There was no objection to the application, and the omission was inadvertent. The court exercised its discretion to set aside the previous confirmation of grant and substituted it with a new order confirming the grant with the corrected schedule of assets, including the additional parcels. The rectified certificate of confirmation of grant was ordered to issue forthwith, and the file was closed subject to Section 83 of the Law of Succession Act.
Court Disposition
application for rectification of grant allowed
Orders
- The confirmation of grant made on 12th November 2010 is set aside.
- A new order confirming the grant issued on 3rd December 2008 is substituted, with the schedule of distribution to include the full description of the parcels of land as given and in addition, parcel Nos. Kisumu/Sidho East/1724 and Kisumu/Kogony/2304.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Paul Ojwang Mucha (Deceased) (Succession Cause E027 of 2008) [2024] KEHC 6846 (KLR) (5 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6846 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E027 of 2008
RE Aburili, J
June 5, 2024
In The Matter Of The Estate Of Paul Ojwang Mucha (Deceased) And In The Matter Of An Application By Samwel Onyango Ojwang (Applicant/Petitioner)
Ruling
1. I have considered the summons for rectification of grant dated 8th January 2024.
2. The Petitioner is the sole beneficiary of the estate of the late Paul Ojwang. A grant was issued to him on 3rd December 2008 and confirmed on 12th November 2010 in original Succession Cause No. 555 of 2008.
3. The properties listed in the schedule of the certificate of confirmation of grant as issued are Kisumu/Sidho East/438, 367 and Plot 2646 together with Kisumu/Sidho East/1993.
4. He now seeks to have two more parcels included as he inadvertently forgot to include them.
5. As the Petitioner/Applicant is the sole beneficiary in the estate and there is no objection raised, I review and set aside the confirmation of grant made on 12th November 2010 and substitute it with an order confirming the grant issued on 3rd December 2008, with a schedule of distribution to include full description of the parcels of land as given and in addition, to include parcel Nos. Kisumu/Sidho East/1724 and Kisumu/Kogony/2304.
6. A rectified certificate of confirmation of grant to issue forthwith.
7. This file is closed subject to Section 83 of the Law of Succession Act.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2024R. E. ABURILIJUDGE