[2024] KEHC 10800 (KLR)

[2024] KEHC 10800 (KLR)

The court found that the applicant had demonstrated sufficient grounds for rectification of the grant, supported by the consent of all beneficiaries. The court was satisfied that the proposed schedule of distribution was agreed upon by all interested parties, and that the requirements for rectification under the Law...

Source-derived case information.

Citation
[2024] KEHC 10800 (KLR)
Parties
Applicant: Jaswant Kumar Durlabh Derodra
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause E052 of 2022
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
Application for rectification of grant allowed.
Judges
MS Shariff
Legal Topics
Rectification of Grant, Letters of Administration, Confirmation of Grant
Source Language
en
Family and Children Rectification of Grant Letters of Administration Confirmation of Grant

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Parties

Jaswant Kumar Durlabh Derodra

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration intestate should be rectified as per the applicant's request.
  2. 2 Whether all beneficiaries consent to the proposed rectification and distribution schedule.

Ratio Decidendi

The court found that the applicant had demonstrated sufficient grounds for rectification of the grant, supported by the consent of all beneficiaries. The court was satisfied that the proposed schedule of distribution was agreed upon by all interested parties, and that the requirements for rectification under the Law of Succession Act had been met. Accordingly, the court allowed the application and ordered the rectification of the grant and issuance of a rectified certificate of confirmation in accordance with the proposed changes.

Court Disposition

Application for rectification of grant allowed.

Orders

  • The letters of administration intestate issued in Kisumu High Court Succession Cause No. 198 of 1996 on 26.11.1996 are to be rectified accordingly.
  • A rectified certificate of confirmation shall issue as per the rectifications made herein.