[2024] KEHC 11935 (KLR)

[2024] KEHC 11935 (KLR)

The court found that parcel No. Kisumu/Bar/2085 was indeed part of the deceased's estate and had been omitted from the list of properties to revert to the deceased's name in the earlier ruling. The omission was an error apparent on the face of the record. The court exercised its power of review to correct the...

Source-derived case information.

Citation
[2024] KEHC 11935 (KLR)
Parties
Applicant: Josiah Kwaka Ajuoga; Applicant: Agnes Akoth Ajuoga; Respondent: Hesbon Saka Ajuoga
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause E005 of 2024
Procedural Posture
Miscellaneous Succession Cause / Ruling on Review Application
Outcome
application for review allowed
Judges
RE Aburili
Legal Topics
Revocation of Grant, Estate Administration, Land Reversion
Source Language
en
Family and Children Revocation of Grant Estate Administration Land Reversion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Josiah Kwaka Ajuoga

Applicant

Agnes Akoth Ajuoga

Applicant

Hesbon Saka Ajuoga

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Review Application

Legal Issues

  1. 1 Whether parcel No. Kisumu/Bar/2085 should be included among the parcels to revert to the deceased's name following revocation of grant.
  2. 2 Whether the Land Registrar should be directed to cancel registration in the name of Hesbon Saka Ajuoga and revert it to the deceased.

Ratio Decidendi

The court found that parcel No. Kisumu/Bar/2085 was indeed part of the deceased's estate and had been omitted from the list of properties to revert to the deceased's name in the earlier ruling. The omission was an error apparent on the face of the record. The court exercised its power of review to correct the omission and ordered that the parcel be included among those to revert to the deceased's name. The Land Registrar was directed to cancel the registration in the name of Hesbon Saka Ajuoga and restore it to the deceased, ensuring proper administration of the estate in accordance with the law.

Court Disposition

application for review allowed

Orders

  • Parcel No. Kisumu/Bar/2085 is included among the parcels of land to revert to the deceased’s name.
  • The Land Registrar, Kisumu, is directed to cancel the registration of parcel No. Kisumu/Bar/2085 from the name of Hesbon Saka Ajuoga and revert it to the name of the deceased Wilson Ajuoga Kwaka.