[2010] KEHC 2101 (KLR)

[2010] KEHC 2101 (KLR)

The court found that the applicant had provided documentary evidence showing that the omitted shares and parcels of land belonged to the deceased. As such, the omission was inadvertent, and the law allows for rectification of a grant to ensure all assets of the deceased are properly administered. The court therefore...

Source-derived case information.

Citation
[2010] KEHC 2101 (KLR)
Parties
Applicant: Applicant; Respondent: Respondent
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 March 2010
Case Number
Succession Cause 2042 of 2003
Procedural Posture
Succession Cause / Ruling on Summons for Rectification of Grant
Outcome
Application for rectification of grant allowed.
Legal Topics
Rectification of Grant, Administration of Estates, Omitted Assets
Source Language
english
Family and Children Rectification of Grant Administration of Estates Omitted Assets

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Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Rectification of Grant

Legal Issues

  1. 1 Whether the grant of confirmed letters of administration should be rectified to include assets omitted in the original confirmation.

Ratio Decidendi

The court found that the applicant had provided documentary evidence showing that the omitted shares and parcels of land belonged to the deceased. As such, the omission was inadvertent, and the law allows for rectification of a grant to ensure all assets of the deceased are properly administered. The court therefore granted the rectification as prayed, ensuring the estate is administered in accordance with the law and the interests of justice.

Court Disposition

Application for rectification of grant allowed.

Orders

  • Rectification of the grant of confirmed letters of administration to include the omitted shares and parcels of land is granted as prayed in the application.
  • Costs in the cause.