[2018] KEHC 9640 (KLR)
The court found that after accepting the petitioner's proposed mode of distribution, it inadvertently omitted the petitioner's name from the final distribution orders. This omission was a clear error apparent on the face of the record. Exercising its powers under section 99 of the Civil Procedure Act, the court held...
Source-derived case information.
- Citation
- [2018] KEHC 9640 (KLR)
- Parties
- Applicant: Paul Kipkoech Maritim; Respondent: Angeliner Cherono Chumo
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Separation Cause 16 of 2016
- Procedural Posture
- Succession Cause / Ruling on Correction of Distribution Orders
- Outcome
- application for correction of orders allowed
- Judges
- EM Ngugi
- Legal Topics
- Succession, Estate Distribution, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kipkoech Maritim
Applicant
Angeliner Cherono Chumo
Respondent
Procedural Posture
Succession Cause / Ruling on Correction of Distribution Orders
Legal Issues
- 1 Whether the omission of the petitioner's name in the distribution orders constituted an error apparent on the record.
- 2 Whether the court should correct the accidental omission under section 99 of the Civil Procedure Act.
Ratio Decidendi
The court found that after accepting the petitioner's proposed mode of distribution, it inadvertently omitted the petitioner's name from the final distribution orders. This omission was a clear error apparent on the face of the record. Exercising its powers under section 99 of the Civil Procedure Act, the court held that it was just and necessary to amend the ruling to include the petitioner, thereby ensuring the distribution of the estate accurately reflected the court's intention and the parties' submissions. The court ordered the correction of the orders and directed that a new certificate of confirmation of grant be issued accordingly.
Court Disposition
application for correction of orders allowed
Orders
- The ruling dated 7th March 2018 is amended to include Paul Kipkoech Maritim in the distribution of the estate.
- The estate of the deceased shall be distributed as specified in the amended orders, including all named beneficiaries and their respective shares.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT KERICHO
SUCCESSION CAUSE NO.16 OF 2016
IN THE MATTER OF THE ESTATE OF THE LATE MARITIM CHEPKWONY CHUMO (DECEASED)
PAUL KIPKOECH MARITIM....................................PETITIONER
VERSUS
ANGELINER CHERONO CHUMO...............................OBJECTOR
RULING
1. In the ruling dated 7th March 2018 regarding the distribution of the estate of the deceased in this matter, I found that the mode of distribution proposed by the petitioner Paul Kipkoech Maritim, in his written submissions dated 30th October 2017 would result in a fair distribution of the estate of the deceased. I accordingly accepted it as the mode of distribution of the estate.
2. Counsel for the parties appeared before me on 3rd October 2018 and drew the attention of the court to the fact that there was an error apparent on the record. It appears that after accepting the mode of distribution proposed by the petitioner in his submissions, the court inadvertently omitted the name of the petitioner, Paul Kipkoech Maritim, in making the final orders for the distribution of the estate. The certificate of confirmation of grant issued thereafter reflected this error.
3. Accordingly, and in exercise of powers under section 99 of the Civil Procedure Act, which allows the correction of errors arising in judgments, orders or decrees from any accidental slip or omission, I hereby amend the said ruling to provide that the estate of the deceased shall be distributed as follows:
1. L. R. No.Kericho/Boito/155 – Area (3. 0 ) Ha.
i. Mathias Kipkemoi Maritim …………………….1. 5 Acres
ii. Joseph Kiplangat Maritm……………………….1. 5 Acres
iii. Paul Kipkoech Maritim……….………………1. 5 Acres
iv. William Maritim………………………………1. 5 Acres
v. Charles Maritim Cheruiyot……………………1. 5 Acres
2. L. R. No.Kericho/Boito/161 – Area (0. 5) Ha.
i. Angeliner Cherono Chumo……….(1. 25) Acres (absolute)
3. L. R. No.Kericho/Kabianga/3143 – Area (0. 2) Ha.
i. Angeliner Cherono Chumo…………….. (0. 2916) Acres
ii. Mathias Kipkemoi Maritim……………..(0. 0416) Acres
iii. Joseph Kiplangat Maritim……………...(0. 0416) Acres
iv. Paul Kipkoech Maritim..……..………....(0. 0416) Acres
v. William Maritim ……………..………….(0. 0416) Acres
vi. Charles Maritim Cheruiyot……………...(0. 0416) Acres
4. A certificate of confirmation of grant shall be issued to reflect the above mode of distribution.
Dated, Delivered and Signed at Kericho this 1st day of November 2018
MUMBI NGUGI
JUDGE