[2024] KEHC 10997 (KLR)

[2024] KEHC 10997 (KLR)

The court found that the omission of parcel No. Kisumu/Nyalunya/2321 from the certificate of confirmation of grant was an error that warranted rectification. The judge held that the interests of justice and the equitable treatment of all beneficiaries required that the parcel be included and distributed equally...

Source-derived case information.

Citation
[2024] KEHC 10997 (KLR)
Parties
Applicant: David Obura Wendo; Respondent: Estate of Tobias Wendo Orwa (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 836 of 2015
Procedural Posture
Succession Cause / Ruling on Notice of Motion for Rectification of Grant
Outcome
application for rectification of grant allowed
Judges
MS Shariff
Legal Topics
Succession, Rectification of Grant, Distribution of Estate
Source Language
en
Family and Children Succession Rectification of Grant Distribution of Estate

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Parties

David Obura Wendo

Applicant

Estate of Tobias Wendo Orwa (Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Notice of Motion for Rectification of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be rectified to include parcel No. Kisumu/Nyalunya/2321.
  2. 2 How parcel No. Kisumu/Nyalunya/2321 should be distributed among the beneficiaries.

Ratio Decidendi

The court found that the omission of parcel No. Kisumu/Nyalunya/2321 from the certificate of confirmation of grant was an error that warranted rectification. The judge held that the interests of justice and the equitable treatment of all beneficiaries required that the parcel be included and distributed equally among all beneficiaries as set out in the supporting affidavit. The application for rectification was therefore allowed, and the certificate of confirmation of grant was ordered to be rectified accordingly.

Court Disposition

application for rectification of grant allowed

Orders

  • The certificate of confirmation of grant issued on 7.3.2022 is rectified to include parcel No. Kisumu/Nyalunya/2321.
  • Parcel No. Kisumu/Nyalunya/2321 shall be distributed equally to all beneficiaries as per paragraph 6 of the further affidavit of David Obura Wendo sworn on 18/9/2022.