In re Estate of Ashumba Osidai (Deceased) [2022] KEHC 15491 (KLR) | Rectification Of Grant | Esheria

In re Estate of Ashumba Osidai (Deceased) [2022] KEHC 15491 (KLR)

Full Case Text

In re Estate of Ashumba Osidai (Deceased) (Succession Cause 17 of 2018) [2022] KEHC 15491 (KLR) (22 July 2022) (Ruling)

Neutral citation: [2022] KEHC 15491 (KLR)

Republic of Kenya

In the High Court at Kajiado

Succession Cause 17 of 2018

SN Mutuku, J

July 22, 2022

IN THE MATTER OF THE ESTATE OF ASHUMBA OSIDAI - DECEASED

Ruling

1. On 4th day of October 2018, this court (Nyakundi, J) issued a Grant of Letters of Administration in respect of the Estate of Ashumba Osidai, deceased, who died on 25th June, 2003 to Mamaiye Sidai Mperewuas. At the time of his death, the deceased was registered owner, jointly with Sooi Sida, Kotukash Osidai and Esho Osidai, of Kajiado/Kilonito/9 measuring 132. 40 hectares.

2. The Grant was confirmed on 19th day of February, 2020. However, the Certificate of Confirmation captured the particulars of the shares meant for the beneficiary erroneously. Out of Kajiado/Kilonito/9, the share for Esho Osidai is 33. 1 hectares and the beneficiary is Mamaiye Siday Mprerewuas as the sole beneficiary.

3. The beneficiary now seek to have the Grant rectified and the shares and beneficiaries captured correctly.

4. On 6th July the beneficiaries appeared in court and confirmed the shares as proposed in the Summons for Rectification dated 24th August 2021. This court directed counsel for the parties to file brief submissions on this issue but as at 19th July 2022 there are no submissions filed.

5. I have considered this matter and I hereby allow the Summons for Rectification. The Grant issued on 4th October, 2018 and confirmed on 19th February, 2020 is hereby rectified as follows:“A portion measuring 33. 1 hectares be hived from Title Number Kajaido/Kilonito/9 (measuring 132. 4 hectares and registered in the names of Sooi Sida, Esho Osidai, Kotikash Osidai and Ashumba Osidai) and be distributed to Mamaiye Sidai Mperewuas.”

6. A rectified Certificate of Confirmation to issue.

DATED, SIGNED AND DELIVERED THIS 22ND DAY OF JULY 2022. S. N. MUTUKUJUDGE