In re Estate of John Norman Brooks (Deceased) [2023] KEHC 23032 (KLR)

In re Estate of John Norman Brooks (Deceased) (Succession Cause 1 of 2020) [2023] KEHC 23032 (KLR) (2 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23032 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 1 of 2020

RE Aburili, J

October 2, 2023

IN THE MATTER OF THE ESTATE OF JOHN NORMAN BROOKS......... (DECEASED) AND IN THE MATTER OF AN APPLICATION BY JEANINE THERESE BROOKS...........APPLICANT

Ruling

1. I have considered the Summons for rectification of grant dated January 31, 2023 and the supporting affidavit of Jeanine Therese Brooks sworn on the same day.

2. The Summons seek for rectification of the certificate of confirmation of grant dated March 11, 2022 and rectified on January 20, 2023 to indicate the correct shares listed in George Williamson (K) Ltd held in the name of John Norman Brooks alone and bequeathed to Jeanine Therese Brooks, to be amended from 1,000 to 2,000.

3. I have perused the rectified certificate of confirmation of grant dated January 20, 2023 and on page one, the last item on the assets, the shares are indicated as 1,000.

4. As no prejudice will be occasioned to the beneficiary who is the sole beneficiary and executor of the will annexed, I hereby allow the summons dated January 31, 2023 and order that the shares in George Williamson (K) Ltd held in the name of the deceased John Norman Brooks and bequeathed to Jeanine Therese Brooks shall read 2,000 not 1,000.

5. A rectified certificate of confirmation of grant to issue.

6. This file is now closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 2ND DAY OF OCTOBER, 2023R. E. ABURILIJUDGE