[2009] KEHC 2622 (KLR)
The court found that the Certificate of Confirmation of Grant contained a typographical error in the spelling of the deceased's name. Upon reviewing the affidavit evidence and submissions by the administrator, the court was satisfied that the correct name of the deceased is 'John Opiyo Ongudi' and not 'John Opiyo...
Source-derived case information.
- Citation
- [2009] KEHC 2622 (KLR)
- Parties
- Applicant: Abdalla Oyugi
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 247 of 2002
- Procedural Posture
- Succession Cause / Application for Rectification of Grant
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Rectification of Grant, Confirmation of Grant, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalla Oyugi
Applicant
Procedural Posture
Succession Cause / Application for Rectification of Grant
Legal Issues
- 1 Whether the Certificate of Confirmation of Grant contains a typographical error in the name of the deceased.
- 2 Whether the court should rectify the Certificate of Grant to reflect the correct name of the deceased.
Ratio Decidendi
The court found that the Certificate of Confirmation of Grant contained a typographical error in the spelling of the deceased's name. Upon reviewing the affidavit evidence and submissions by the administrator, the court was satisfied that the correct name of the deceased is 'John Opiyo Ongudi' and not 'John Opiyo Ongundi'. The court exercised its statutory power under the Law of Succession Act to rectify the error and ordered that the Certificate of Grant be amended accordingly.
Court Disposition
application allowed
Orders
- The application for rectification of the Certificate of Grant is allowed.
- The name of the deceased in the Certificate of Grant shall be corrected to read 'JOHN OPIYO ONGUDI'.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Succession Cause 247 of 2002
IN THE MATTER OF THE ESTATE OF JOHN OPIYO ONGUDI (DECEASED)
AND
IN THE MATTER OF ABDALLA OYUGI (ADMINISTRATOR)
RULING
The Applicant herein is the Administrator of the Estate of John Opiyo Ongudi. He applies for rectification of the Certificate for Confirmation of Grant which was issued on 19th December, 2005. The Certificate of Confirmation indicates that the name of the deceased as John Opiyo Ongundi instead of John Opiyo Ongudi.
Based on the affidavit evidence on record and the submissions by Abdalla Oyugi the Administrator, I am satisfied that the name of the deceased was mispelt in the Certificate of Grant. I allow the application for rectification of Certificate of Grant and order that the name of the deceased to read JOHN OPIYO ONGUDI.
DATED AT ELDORET THIS 20TH DAY OF JULY, 2009.
J. L. A. OSIEMO
JUDGE