[2010] KEHC 3300 (KLR)
The court found that there was sufficient documentary evidence to show that the omitted assets, namely shares and parcels of land, belonged to the deceased. As such, the omission was inadvertent and justified rectification of the confirmed grant. The court exercised its discretion under the Law of Succession Act to...
Source-derived case information.
- Citation
- [2010] KEHC 3300 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2042 of 2003
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Legal Topics
- Rectification of Grant, Letters of Administration, Omitted Assets, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
__MISSING__
Applicant
__MISSING__
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of confirmed letters of administration should be rectified to include assets omitted in the original grant.
Ratio Decidendi
The court found that there was sufficient documentary evidence to show that the omitted assets, namely shares and parcels of land, belonged to the deceased. As such, the omission was inadvertent and justified rectification of the confirmed grant. The court exercised its discretion under the Law of Succession Act to allow the rectification as prayed in the application, ensuring that all assets of the deceased are properly administered and distributed according to law.
Court Disposition
Application for rectification of grant allowed.
Orders
- Rectification orders granted as prayed in the application.
- Costs in the cause.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 2042 of 2003
IN THE MATTER OF THE ESTATE OF WINFRED WANJUKU KIRETAL (DECEACED)
R U L I NG
Before me is a Summons dated 3rd July, 2009 or rectification of grant of confirmed letters of administration. I am informed that there were assets i.e shares and parcels of land that were left out in the confirmed letters of administration.
I have seen copies of documents on the said assets. In my view, they belong to the deceased. Consequently, I grant the rectification orders as prayed in the application.
Costs in the cause.
Dated and delivered at Nairobi this 22nd day of March, 2010.
George Dulu
Judge.