[2024] KEHC 13085 (KLR)
The court found that the omission of the Co-operative Bank Account from the confirmed grant was an error that could be rectified under Section 74 of the Law of Succession Act. Since the rectification was agreed upon by both administrators and no evidence of prejudice to any beneficiary or interested party was...
Source-derived case information.
- Citation
- [2024] KEHC 13085 (KLR)
- Parties
- Applicant: Jecolia Auma Odhiambo; Applicant: KOO; Respondent: Rashid Odongo Osulla (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 340 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jecolia Auma Odhiambo
Applicant
KOO
Applicant
Rashid Odongo Osulla (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the rectification of the confirmed grant to include the Co-operative Bank Account is warranted.
- 2 Whether the rectification will prejudice any person interested in the estate.
Ratio Decidendi
The court found that the omission of the Co-operative Bank Account from the confirmed grant was an error that could be rectified under Section 74 of the Law of Succession Act. Since the rectification was agreed upon by both administrators and no evidence of prejudice to any beneficiary or interested party was presented, the court allowed the application. The rectification would facilitate the full administration of the deceased's estate and ensure all assets are properly distributed according to the law and the agreed mode of distribution.
Court Disposition
Application for rectification of grant allowed.
Orders
- The confirmed grant is rectified to include Co-operative Bank Account No. 0111601102XXXXX at Kisumu Branch as part of the estate assets.
- A rectified certificate of confirmed grant to issue.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Rashid Odongo Osulla (Deceased) (Succession Cause 340 of 2012) [2024] KEHC 13085 (KLR) (28 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13085 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 340 of 2012
RE Aburili, J
October 28, 2024
IN THE MATTER OF AN APPLICATION BY JECOLIA AUMA ODHIAMBO
Ruling
1. On 28th September 2023, this court confirmed the grant issued to the Petitioners herein JAO and KOO to jointly administer the estate of the deceased ROO.
2. The only property/assets in the estate were Safaricom shares and Death Gratuity.
3. The Petitioners are back to court seeking rectification of grants as confirmed to include the Co-operative Bank Account No. 0111601102XXXXX at Kisumu Branch. She has annexed the proposed mode of distribution duly signed by her and KOO dated 7th July 2024.
4. As the rectification sought will not prejudice any person and will facilitate administration of the estate of the deceased, I allow the summons for rectification of grant which was confirmed on 28th September 2023 to include the Bank Account Number 0111601102XXXXX at Co-operative Bank, Kisumu Branch.
5. A rectified certificate of confirmed grant to issue.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 28THDAY OF OCTOBER, 2024R. E. ABURILIJUDGE