[2023] KEHC 2967 (KLR)
The court found that the death of one of the administrators, Henry Ogoch Okoth, was sufficiently proved by the death certificate. The application for rectification of the grant was properly made, and the supporting affidavit provided a new schedule of distribution with the consent of the relevant parties. The court...
Source-derived case information.
- Citation
- [2023] KEHC 2967 (KLR)
- Parties
- Applicant: Sylvester Opala Aguko; Applicant: Paul Onyango; Applicant: Henry Ogoch Okoth
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 274 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvester Opala Aguko
Applicant
Paul Onyango
Applicant
Henry Ogoch Okoth
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to remove the name of a deceased administrator.
- 2 Whether the proposed schedule of distribution is proper and in accordance with the law.
Ratio Decidendi
The court found that the death of one of the administrators, Henry Ogoch Okoth, was sufficiently proved by the death certificate. The application for rectification of the grant was properly made, and the supporting affidavit provided a new schedule of distribution with the consent of the relevant parties. The court held that it was just and in accordance with the Law of Succession Act to rectify the grant by removing the deceased administrator's name and to issue a fresh rectified grant and certificate of confirmation reflecting the new distribution, with the share of the deceased administrator to be held in trust for his dependants.
Court Disposition
application for rectification of grant allowed
Orders
- The grant issued on July 30, 2003 and certificate of confirmation issued on November 23, 2004 are rectified to remove the name of Henry Ogoch Okoth.
- A fresh rectified grant and rectified certificate of confirmation of grant to issue forthwith providing a fresh schedule of distribution as proposed in the supporting affidavit sworn on October 18, 2022, save that the share apportioned to Teresa Anyango Ogoch shall be held by her in trust for herself and all her...
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of William Okoth Omoro (Deceased) (Succession Cause 274 of 2003) [2023] KEHC 2967 (KLR) (24 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2967 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 274 of 2003
RE Aburili, J
March 24, 2023
In the matter of
Silvester Opala Aguko
1st Applicant
Paul Onyango
2nd Applicant
Henry Ogoch Okoth
3rd Applicant
Ruling
1. This is a 2003 Succession Cause in respect of the estate of William Okoth. A grant of letters of administration intestate was issued to Sylvester Opala Aguko, Paul Onyango and Henry Ogoch Okoth on July 30, 2003 and confirmed on November 23, 2004. Of the three (3) administrators, two namely Sylvester Opala Aguko and Paul Onyango have filed an application dated October 18, 2022 seeking for rectification of the grant as one of their co-administrator, Henry Ogoch Okoth died on February 15, 2009.
2. The Applicants have annexed a death certificate No. C37991 to that effect. They have also filed a Schedule of distribution of the estate including a share of the deceased Henry Ogoch Okoth, Teresa Anyango Ogoch and a consent duly signed and filed.
3. I have considered the application for rectification of grant. I allow it and order that the grant issued on July 30, 2003 and certificate of confirmation issued on November 23, 2004 be and are hereby rectified to remove the name of Henry Ogoch Okoth now deceased.
4. Fresh rectified grant and rectified certificate of confirmation of grant to issue forthwith providing a fresh schedule of distribution of the estate as proposed in the supporting affidavit of the applicants herein sworn on October 18, 2022 save that the share apportioned to Teresa Anyango Ogoch shall be held by her in trust for herself and all her children of the deceased Henry Ogoch Okoth.
5. Parties to be notified.
6. I so order.
7. File closed save for accountability of administrators as stipulated in Section 83 of the Law of Succession Act.
8. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF MARCH, 2023R. E. ABURILIJUDGE