[2008] KEHC 3645 (KLR)
The court found that the certificate of confirmation of grant issued on 8th March 2007 contained typographical errors in both the name of one administrator and the property description. The evidence, including the supporting affidavit and the original application documents, confirmed the correct details. The court...
Source-derived case information.
- Citation
- [2008] KEHC 3645 (KLR)
- Parties
- Applicant: Samson Odoyo Otieno; Applicant: Kefa Odhiambo Owiyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 993 of 2004
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
- Outcome
- application allowed
- Judges
- J Karanja
- Legal Topics
- Probate and Administration, Rectification of Grant, Typographical Errors, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Odoyo Otieno
Applicant
Kefa Odhiambo Owiyo
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmation of grant contains typographical errors in the name of an administrator and the property description.
- 2 Whether the certificate of confirmation of grant should be rectified to correct the errors.
Ratio Decidendi
The court found that the certificate of confirmation of grant issued on 8th March 2007 contained typographical errors in both the name of one administrator and the property description. The evidence, including the supporting affidavit and the original application documents, confirmed the correct details. The court held that such errors should be rectified to reflect the true intention and facts as per the record, and allowed the application for rectification accordingly.
Court Disposition
application allowed
Orders
- The certificate of confirmation of grant issued on 8th March 2007 shall be rectified to correct the name from 'Kefa Odhiambo Owino' to 'Kefa Odhiambo Owiyo' and the property description from 'KISUMU/NYALUNYA/2920' to 'KISUMU/NYALUNYA/2969'.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU Succession Cause 993 of 2004
IN THE MATTER OF THE ESTATE OF HENURE OTIENO OBILO - DECEASED
AND
IN THE MATTER OF AN APPLICATION BY:
1. SAMSON ODOYO OTIENO - APPLICANT
2. KEPA ODHIAMBO OWIYO - APPLICANT
RULING:
The application is made pursuant to Section of 4 of Cap 160 and Rule 43(1) of the Probate and Administration Rules and is for orders that the certificate of confirmation of the grant issued herein to Samson Odoyo Otieno and Keya Odhiambo Owiyo (applicants) on the 8th May 2007 be verified.
The grounds in support of the application are that the certificate of confirmation of grant issued on 8th March, 2007 is full of errors in respect of the name of one administrator in that the name of one Kefa Odhiambo Owino ought to be rectified to read Kefa Odhiambo Owiyo and in respect of the schedule of the property in that the property known as: KISUMU/NYALUNYA/2920 ought to be rectified to read KISUMU/NYALUNYA/2969.
The application is supported by the facts contained in the supporting affidavit deponed by both applicants which more or less confirms the aforementioned grounds and the errors accruing. A perusal of the copy of the material certificate of grant confirms that the name Kefa Odhiambo Owinoisused instead of Kefa Odhiambo Owiyo and that the property is described as KISUMU/NYALUNYA/2920instead ofKISUMU/NYALUNYA/2969.
The application for confirmation of the grant of letter of administration granted to the applicants refers to the name KEFA ODHIAMBO OWINO and the property KISUMU/NYALUNYA/2969. The application is dated 13th December, 2005.
A copy of the grant of Letters of Administration contained in the Court's record refers to the name of Kefa Odhiambo Owiyo and not Kefa Odhiambo Owino.
The Court is thus satisfied that the certificate of confirmation of grant issued on 8th March 2007 is laden with topographical errors as specifically described and needs to be rectified accordingly.
The application is therefore allowed to the extent that the said certificate of confirmation be rectified in the manner desired.
Dated and delivered at Kisumu this 20th day of February, 2008.
J. R. KARANJA
JUDGE
JRK/mo