[2024] KEHC 2866 (KLR)
The court found that all beneficiaries of the estate of Hezekiah Juma Oyare had consented to the equal distribution of the estate's land parcels. There was no evidence that any beneficiary would be disadvantaged by the proposed rectification. The application for rectification of the confirmed grant was therefore...
Source-derived case information.
- Citation
- [2024] KEHC 2866 (KLR)
- Parties
- Applicant: Millicent Anyango Juma; Respondent: Joseph Omondi Juma; Respondent: Maxwel Otieno Juma
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E007 of 2023
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application for Rectification of Confirmed Grant
- Outcome
- application for rectification of confirmed grant allowed; previous confirmation orders set aside; grant confirmed as per agreed equal distribution; file closed
- Judges
- RE Aburili
- Legal Topics
- Succession, Rectification of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Millicent Anyango Juma
Applicant
Joseph Omondi Juma
Respondent
Maxwel Otieno Juma
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application for Rectification of Confirmed Grant
Legal Issues
- 1 Whether the application for rectification of the confirmed grant is merited.
- 2 Whether the beneficiaries have consented to the proposed mode of distribution of the estate.
- 3 Whether the new distribution disadvantages any beneficiary.
Ratio Decidendi
The court found that all beneficiaries of the estate of Hezekiah Juma Oyare had consented to the equal distribution of the estate's land parcels. There was no evidence that any beneficiary would be disadvantaged by the proposed rectification. The application for rectification of the confirmed grant was therefore merited. The court set aside the earlier confirmation orders and substituted them with an order confirming the grant as per the agreed mode of distribution in equal shares, directing that a fresh amended certificate of confirmation of grant be issued accordingly.
Court Disposition
application for rectification of confirmed grant allowed; previous confirmation orders set aside; grant confirmed as per agreed equal distribution; file closed
Orders
- Earlier orders of 15th April 2025 confirming the grant issued on 4th November 2018 are set aside.
- Grant is confirmed as per the agreed mode of distribution of the estate in equal shares among beneficiaries.
Full Case Text
Judgment text and source record
27 paragraphs
Juma v Juma & another (Miscellaneous Succession Cause E007 of 2023) [2024] KEHC 2866 (KLR) (19 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2866 (KLR)
FORMELY SUCCESSION CAUSE NO. 539 OF 2010
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E007 of 2023
RE Aburili, J
March 19, 2024
IN THE MATTER OF THE ESTATE OF HEZEKIAH JUMA OYARE (DECEASED) AND IN THE MATTER OF APPLICATION BY
Between
Millicent Anyango Juma
Applicant
and
Joseph Omondi Juma
1st Respondent
Maxwel Otieno Juma
2nd Respondent
Ruling
1. I have considered the application dated 13th October 2023, the grounds, supporting affidavit and the annextures.
2. I have also interviewed all the beneficiaries of the estate who are in court and perused their signed consent on the distribution of the estate of the deceased Hezekiah Juma Oyare comprising land parcel Nos. Kisumu Wang’aya/1/4949, Kisumu Wang’aya/1/2450 and Kisumu Wang’aya/1/2444.
3. All the beneficiaries have agreed to share each of the parcels of land equally.
4. That being the case, and as none of the beneficiaries are disadvantaged, I find the application for rectification of the confirmed grant merited.
5. I set aside the earlier orders of 15th April 2025 confirming the grant issued on 4th November 2018 and substitute it with an order confirming the grant as per the agreed mode of distribution of the estate in equal shares.
6. A fresh amended certificate of confirmation of grant to issue subject to Section 83 of the Law of Succession Act.
7. This file is closed.
8. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF MARCH, 2024R. E. ABURILIJUDGE