[2009] KEHC 707 (KLR)
The court found that the applicant had demonstrated, through affidavit evidence and supporting documents, that three plots belonging to the deceased were omitted from the confirmed grant. The omission was inadvertent, and the applicant produced Certificates of Occupation in the deceased's name. The court was...
Source-derived case information.
- Citation
- [2009] KEHC 707 (KLR)
- Parties
- Applicant: Priscillah Ingaiza; Respondent: Estate of Erick Kihimah (Deceased)
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 182 of 2001
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification of Grant
- Outcome
- Application for rectification of grant allowed.
- Judges
- JL Osiemo
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Omitted Assets, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscillah Ingaiza
Applicant
Estate of Erick Kihimah (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be rectified to include three plots omitted during confirmation of the grant.
Ratio Decidendi
The court found that the applicant had demonstrated, through affidavit evidence and supporting documents, that three plots belonging to the deceased were omitted from the confirmed grant. The omission was inadvertent, and the applicant produced Certificates of Occupation in the deceased's name. The court was satisfied that the application had merit and that rectification was necessary to ensure all assets of the estate were properly administered. Accordingly, the court allowed the application for rectification in terms of the prayers sought in the Summons for Rectification of Grant.
Court Disposition
Application for rectification of grant allowed.
Orders
- The grant issued to Priscillah Ingaiza on 14th February, 2002 and confirmed on 30th January, 2003 is rectified to include the three omitted plots as assets of the estate in terms of paragraphs 1, 2 and 3 of the Summons for Rectification of Grant dated 22nd July, 2009.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Succession Cause 182 of 2001
IN THE MATTER OF THE ESTATE OF ERICK KIHIMAH (DECEASED)
RULING
This is an application by PRISCILLAH INGAIZA, the Petitioner herein for orders that the Grant issued to her in respect of the estate of ERICK KIHIMAH on 14th February, 2002 and which was confirmed on 30th January, 2003 be rectified.
The deceased died on 21st July, 2000. The Applicant applied for the Grant of Letters of Administration in respect of the estate of the deceased which was issued on 14th February, 2002 and confirmed on 30th January, 2003 in terms as indicated in the Certificate of Confirmation. She has now realized that there were three (3) plots which were erroneously omitted during Confirmation which ought to have been included in the assets of the estate of the deceased. She has produced Certificates of Occupation in respect of the said plots which bear the names of the deceased.
Having considered the application in light of the affidavit evidence on record as well as the annextures, I am satisfied that the Applicant has merit and the orders sought ought to be granted.
Accordingly, I allow the application in terms of paragraphs 1, 2 and 3 of the Summons for Rectification of Grant dated 22nd July, 2009.
DATED AT ELDORET THIS 19TH DAY OF OCTOBER, 2009.
J. L. A. OSIEMO
JUDGE