In re Estate of Abdul Majid Khan Kherdin alias Abdul Majid Khairdin (Deceased) [2023] KEHC 25719 (KLR)

In re Estate of Abdul Majid Khan Kherdin alias Abdul Majid Khairdin (Deceased) (Succession Cause 23 of 2018) [2023] KEHC 25719 (KLR) (17 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25719 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 23 of 2018

RE Aburili, J

November 17, 2023

N THE MATTER OF THE ESTATE OF ABDUL MAJID KHAN KHERDIN alias ABDUL MAJID KHAIRDIN – DECEASED AND IN THE MATTER OF AN APPLICATION BY MOHAMMED YAMIN KHAN, MOHAMED AKRAM KHAN, YASMIN QURESHI alias YASMIN MAJID KHAN and SAIRA TARIQ ALAM alias SAIRA BANU ALAM

Ruling

1. I have considered the application dated November 14, 2023 under certificate of urgency. I certify it as urgent.

2. On the merits of the prayers sought, I observe that the applicant seeks orders for rectification of grant as confirmed by this court and rectified on February 28, 2023 by J. Kamau J, wherein it is alleged that there was misdescription of various parcels of land/assets of the estate of the deceased Abdul Majid Khan Kerdin alias Abdul Majid Khair Din.

3. That being the case, I find that the orders sought shall in no way prejudice the estate or the beneficiaries as they are facilitative of the distribution of the estate of the deceased.

4. Accordingly, I allow the application/summons for rectification of grant dated November 14, 2023 and rectify the certificate of confirmation of grant issued on February 28, 2023 by reissuing a fresh certificate of confirmation of grant with corrected descriptions of the assets of the estate of the deceased as listed in paragraph 3 of the summons for rectification of grant dated November 14, 2023.

5. I so order.

6. File closed upon reissue of the rectified Certificate of Conformation of grant.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF NOVEMBER, 2023. R. E. ABURILIJUDGE