[2024] KEHC 6670 (KLR)

[2024] KEHC 6670 (KLR)

The court found that the application for rectification was merited as it sought to correct the description of the deceased in the certificate of confirmation of grant. The judge held that accurate identification of the deceased is essential for the proper administration of the estate. Since there was no opposition...

Source-derived case information.

Citation
[2024] KEHC 6670 (KLR)
Parties
Applicant: Herina Anyango Kitoto; Respondent: Willis Aggrey Otieno Opoto alias Willis Otieno Opoto (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 121 of 2003
Procedural Posture
Succession Cause / Ruling on Summons 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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Herina Anyango Kitoto

Applicant

Willis Aggrey Otieno Opoto alias Willis Otieno Opoto (Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the certificate of confirmation of grant should be rectified to correctly describe the deceased.

Ratio Decidendi

The court found that the application for rectification was merited as it sought to correct the description of the deceased in the certificate of confirmation of grant. The judge held that accurate identification of the deceased is essential for the proper administration of the estate. Since there was no opposition to the application and the error was apparent, the court exercised its discretion under Section 74 of the Law of Succession Act to allow the rectification. The certificate of confirmation of grant issued on 30th January 2024 was ordered to be rectified to describe the deceased as Willis Aggrey Otieno Opoto alias Willis Otieno Opoto, and a rectified certificate was to issue...

Court Disposition

Application for rectification of grant allowed.

Orders

  • The certificate of confirmation of grant issued on 30.1.2024 is rectified to describe the deceased as Willis Aggrey Otieno Opoto alias Willis Otieno Opoto.
  • A rectified certificate of confirmation of grant to issue.