[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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emmanuel Odhiambo
Applicant
Josephine Aguko Obunga
Applicant
Procedural Posture
Succession Cause / Ruling on Oral Application for Rectification of Grant
Legal Issues
- 1 Whether there is an error apparent on the face of the certificate of confirmation of grant that warrants rectification.
- 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.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of William Obunga Otual (Deceased) (Succession Cause 1232 of 2015) [2024] KEHC 11237 (KLR) (23 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11237 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 1232 of 2015
MS Shariff, J
September 23, 2024
IN THE MATTER OF THE ESTATE OF: WILLIAM OBUNGA OTUAL (DECEASED)
In the matter of
Emmanuel Odhiambo
1st Petitioner
Josephine Aguko Obunga
2nd Petitioner
Ruling
1. I have considered the oral application made by Mr. Ochieng Counsel for the Petitioner and I have also perused the certificate of confirmation dated 18. 3.2024 and I do note that indeed there is an error apparent on the face of it wherefore I do hereby rectify the certificate of confirmation of grant and the name of Shadrack Omondi Obunga to be rectified accordingly. A certificate of grant to issue with the correct name accordingly.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 23RD DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE