[2024] KEHC 11237 (KLR)

[2024] KEHC 11237 (KLR)

The court found that there was indeed an error apparent on the face of the certificate of confirmation of grant dated 18.3.2024 concerning the name of Shadrack Omondi Obunga. Exercising its powers under Section 74 of the Law of Succession Act, the court ordered rectification of the certificate to reflect the correct...

Source-derived case information.

Citation
[2024] KEHC 11237 (KLR)
Parties
Applicant: Emmanuel Odhiambo; Applicant: Josephine Aguko Obunga
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 1232 of 2015
Procedural Posture
Succession Cause / Ruling on Oral Application for Rectification of Grant
Outcome
application for rectification of grant allowed
Judges
MS Shariff
Legal Topics
Rectification of Grant, Confirmation of Grant, Succession Procedure
Source Language
en
Family and Children Rectification of Grant Confirmation of Grant Succession Procedure

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Parties

Emmanuel Odhiambo

Applicant

Josephine Aguko Obunga

Applicant

Procedural Posture

Succession Cause / Ruling on Oral Application for Rectification of Grant

  1. 1 Whether there is an error apparent on the face of the certificate of confirmation of grant that warrants rectification.
  2. 2 Whether the name of Shadrack Omondi Obunga should be rectified in the certificate of confirmation of grant.

Ratio Decidendi

The court found that there was indeed an error apparent on the face of the certificate of confirmation of grant dated 18.3.2024 concerning the name of Shadrack Omondi Obunga. Exercising its powers under Section 74 of the Law of Succession Act, the court ordered rectification of the certificate to reflect the correct name and directed that a new certificate of grant issue accordingly.

Court Disposition

application for rectification of grant allowed

Orders

  • The certificate of confirmation of grant dated 18.3.2024 is rectified to correct the name of Shadrack Omondi Obunga.
  • A certificate of grant to issue with the correct name accordingly.