In re Estate of Paul Ojwang Mucha (Deceased) [2024] KEHC 6754 (KLR)

In re Estate of Paul Ojwang Mucha (Deceased) (Miscellaneous Succession Cause E027 of 2024) [2024] KEHC 6754 (KLR) (5 June 2024) (Ruling)

Neutral citation: [2024] KEHC 6754 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Succession Cause E027 of 2024

RE Aburili, J

June 5, 2024

In The Matter Of The Estate Of Paul Ojwang Mucha (Deceased) And In The Matter Of An Application By Samwel Onyango Ojwang (Applicant/Petitioner

Ruling

1. I have considered the summons for rectification of grant dated 8th January 2024.

2. The Petitioner is the sole beneficiary of the estate of the late Paul Ojwang. A grant was issued to him on 3rd December 2008 and confirmed on 12th November 2010 in original Succession Cause No. 555 of 2008.

3. The properties listed in the schedule of the certificate of confirmation of grant as issued are Kisumu/Sidho East/438, 367 and Plot 2646 together with Kisumu/Sidho East/1993.

4. He now seeks to have two more parcels included as he inadvertently forgot to include them.

5. As the Petitioner/Applicant is the sole beneficiary in the estate and there is no objection raised, I review and set aside the confirmation of grant made on 12th November 2010 and substitute it with an order confirming the grant issued on 3rd December 2008, with a schedule of distribution to include full description of the parcels of land as given and in addition, to include parcel Nos. Kisumu/Sidho East/1724 and Kisumu/Kogony/2304.

6. A rectified certificate of confirmation of grant to issue forthwith.

7. This file is closed subject to Section 83 of the Law of Succession Act.

8. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 5THDAY OF JUNE, 2024R. E. ABURILIJUDGE