In re Estate of Michael Thomas Kinyany (Deceased) [2023] KEHC 23288 (KLR)

In re Estate of Michael Thomas Kinyany (Deceased) (Succession Cause 9 of 2019) [2023] KEHC 23288 (KLR) (5 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23288 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 9 of 2019

RE Aburili, J

October 5, 2023

Between

James Mudhune Kinyany

Petitioner

and

Mary Josephine Kinyany

Respondent

Ruling

1. The summons for rectification of grant dated 18th September 2023 seek for rectification of the certificate of confirmation of grant issued on 29th June 2023 to correct the name of the Bank which is indicated to be Sidian Bank and the account numbers thereof, to indicate Spire Bank and the account numbers to reflect 0203028501 and 0403028501 respectively.

2. In addition, parties’ counsel have agreed to have the property assigned to Mary Josephine Kinyany to reflect the judgment of 29th June 2023 at Paragraph 36 of the said judgement on distribution of the estate.

3. As both parties are agreeable to the respective rectifications sought hereinabove, I hereby allow the application dated 18th September 2023 and the oral application made by Ms. Ndirangu counsel for the 1st Administrator and order that a fresh rectified certificate of confirmation of grant do issue reflecting the agreed rectifications.

4. Accordingly, this file is now closed pending accounts being rendered within six (6) months of today.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF OCTOBER, 2023. R. E. ABURILIJUDGE