[2024] KEHC 15339 (KLR)
The court found that the applicant, as a granddaughter in-law, was acting to preserve the estate for the deceased's surviving kin, who are all great grandchildren. Given that the two grandsons had died and there was no objection to the proposed distribution, the court exercised its discretion to allow the...
Source-derived case information.
- Citation
- [2024] KEHC 15339 (KLR)
- Parties
- Respondent: Philister Ogola Omgulo alias Pilister Kudha Ogola (Deceased); Applicant: Granddaughter in-law (Petitioner)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E083 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Summons for rectification of grant allowed; estate to be distributed as proposed; rectified certificate of confirmed grant to issue.
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philister Ogola Omgulo alias Pilister Kudha Ogola (Deceased)
Respondent
Granddaughter in-law (Petitioner)
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the court should allow the rectification of grant to distribute the estate property to the living beneficiaries.
- 2 Whether the proposed distribution in prayer 1 of the summons is proper and in accordance with the law.
Ratio Decidendi
The court found that the applicant, as a granddaughter in-law, was acting to preserve the estate for the deceased's surviving kin, who are all great grandchildren. Given that the two grandsons had died and there was no objection to the proposed distribution, the court exercised its discretion to allow the rectification of the grant. The estate is to be distributed as proposed in prayer 1 of the summons dated 4th November 2024, and a rectified certificate of confirmed grant is to issue accordingly.
Court Disposition
Summons for rectification of grant allowed; estate to be distributed as proposed; rectified certificate of confirmed grant to issue.
Orders
- The summons for rectification of grant dated 4th November 2024 is allowed.
- The estate shall be distributed as proposed in prayer 1 of the summons for rectification of grant dated 4th November 2024.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate Philister Ogola Omgulo alias Pilister Kudha Ogola (Deceased) (Miscellaneous Succession Cause E083 of 2024) [2024] KEHC 15339 (KLR) (2 December 2024) (Ruling)
Neutral citation: [2024] KEHC 15339 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E083 of 2024
RE Aburili, J
December 2, 2024
(Arising from Kisumu High Court Succession No. 676 of 2015)
Ruling
1. The Summons for rectification of grant dated 4th November 2024 seeks to have the estate property of Philister Ogola Ongulo alias Pilister Kudha Ogola (deceased) shared to her living beneficiaries.
2. The Petitioner is a granddaughter in-law and the surviving kins are all great grandchildren. There were two grandsons who all died.
3. The Petitioner is preserving the estate for the beneficiaries who have blood relations with the deceased.
4. I hereby allow the summons dated 4th November 2024 and order that the estate shall now be distributed as proposed in prayer 1 of the summons for rectification of grant dated 4th November 2024.
5. A rectified certificate of confirmed grant issued in Succession Cause No. 676 of 2015 to issue.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 2NDDAY OF DECEMBER, 2024R. E. ABURILIJUDGE