In re Estate of James Lucas Onyango alias James Lukas Onyango alias James Lukas Henry Onyango (Deceased) [2024] KEHC 3042 (KLR)

In re Estate of James Lucas Onyango alias James Lukas Onyango alias James Lukas Henry Onyango (Deceased) (Succession Cause 222 of 2013) [2024] KEHC 3042 (KLR) (22 March 2024) (Ruling)

Neutral citation: [2024] KEHC 3042 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 222 of 2013

RE Aburili, J

March 22, 2024

IN THE MATTER OF THE ESTATE OF JAMES LUCAS ONYANGO alias JAMES LUKAS ONYANGO alias

In the matter of

Onyango Fredrick Otieno

1st Applicant

Solomon Oduor Onyango

2nd Applicant

George Ogutu Onyango

3rd Applicant

Nobbert Jude Oduor Onyango

4th Applicant

Ruling

1. I have considered the summons for rectification of grant dated 19th December 2023, the supporting affidavit and annextures.

2. I have also heard Mr. Jude Onyango Advocate orally. I have perused the consent to rectification dated 19th December 2023 signed by all beneficiaries.

3. I note that the error complained of did not originate from court but from the administrator’s schedule which the court relied upon to prepare the certificate of confirmation of grant.

4. As all beneficiaries have consented to the proposed rectification of grant as confirmed to facilitate speedy distribution of the estate of the deceased James Lucas Onyango alias James Lukas Onyango alias James Lukas Henry Onyango, I hereby allow the summons for rectification of grant as prayed.

5. An amended certificate of confirmation of grant to issue forthwith and using the template contained in the summons for rectification of grant.

6. Subject to Section 83 of the Law of Succession Act, this file is closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 22NDDAY OF MARCH, 2024R. ABURILIJUDGE