[2023] KEHC 25193 (KLR)
The court held that where an asset was omitted from the schedule of assets at the time of confirmation of grant, rectification of the certificate of confirmation of grant is the appropriate remedy, not revocation, provided no prejudice is caused to the estate or beneficiaries. The administratix, being the sole...
Source-derived case information.
- Citation
- [2023] KEHC 25193 (KLR)
- Parties
- Applicant: Lilian Awuor Onyango; Respondent: Estate of Willis Onyango Diah
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 608 of 1999
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- RE Aburili
- Legal Topics
- Rectification of Grant, Omitted Assets, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Awuor Onyango
Applicant
Estate of Willis Onyango Diah
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant should be rectified to include 20,000 shares in KCB Group PLC omitted from the original schedule of assets.
- 2 Whether revocation of the grant is necessary when only rectification to add an asset is sought.
Ratio Decidendi
The court held that where an asset was omitted from the schedule of assets at the time of confirmation of grant, rectification of the certificate of confirmation of grant is the appropriate remedy, not revocation, provided no prejudice is caused to the estate or beneficiaries. The administratix, being the sole beneficiary, is entitled to have the omitted asset included. The court ordered the rectification of the certificate to include the 20,000 shares in KCB Group PLC and directed the administratix to file a true account of the administration of the estate within ninety days.
Court Disposition
Application for rectification of grant allowed.
Orders
- Certificate of confirmation of grant issued on 8th December 2016 is recalled and rectified to include 20,000 shares in KCB Group PLC as an additional asset wholly assigned to Lilian Awuor Onyango.
- Administratix to file an accurate and true account of the administration of the estate within ninety (90) days.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Willis Onyango Diah - Deceased (Succession Cause 608 of 1999) [2023] KEHC 25193 (KLR) (10 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25193 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 608 of 1999
RE Aburili, J
November 10, 2023
IN THE MATTER OF THE ESTATE OF WILLIS ONYANGO DIAH – DECEASED AND IN THE MATTER OF AN APPLICATION BY LILIAN AWUOR ONYANGO
Ruling
1. This is a Chamber matter seeking for revocation and rectification of grant and certificate of confirmation of grant issued on 5th December 2016 to include 20,000 shares in KCB Group PLC Shareholder No. xxxx.
2. The asset was omitted in the schedule of assets of the estate of the deceased Willis Onyango Diah, whose sole beneficiary is Lilian Awuor Onyango.
3. Albeit the application seeks for revocation of grant, unless the rectification of grant involves removal of administrators, it is not necessary to revoke a grant when all that is required is to add an asset which was not known at the time of confirmation of the grant.
4. In this cause, I am aware, from perusal of the file herein, that the current administratix was not the original petitioner. All that she needs is addition of an asset in the certificate of confirmation of grant.
5. As no prejudice will be occasioned to the estate of the deceased if the certificate of confirmation of grant is rectified, I hereby allow the application and order that the certificate of confirmation of grant issued on 8th December 2016 be and is hereby recalled and a rectified certificate of confirmation of grant do issue listing the asset described herein being 20,000 shares held at KCB xxxx as an additional asset and the same to be wholly assigned to the sole beneficiary herein Lilian Awuor Onyango.
6. The administratix herein to file an accurate and true account of the administration of the estate of the deceased Willis Onyango Diah within ninety (90) days of today.
7. I so order and this file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE