In re Estate of Willis Onyango Diah - Deceased [2023] KEHC 25193 (KLR) | Rectification Of Grant | Esheria

In re Estate of Willis Onyango Diah - Deceased [2023] KEHC 25193 (KLR)

Full Case Text

In re Estate of Willis Onyango Diah - Deceased (Succession Cause 608 of 1999) [2023] KEHC 25193 (KLR) (10 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25193 (KLR)

Republic of Kenya

In the High Court at Kisumu

Succession Cause 608 of 1999

RE Aburili, J

November 10, 2023

IN THE MATTER OF THE ESTATE OF WILLIS ONYANGO DIAH – DECEASED AND IN THE MATTER OF AN APPLICATION BY LILIAN AWUOR ONYANGO

Ruling

1. This is a Chamber matter seeking for revocation and rectification of grant and certificate of confirmation of grant issued on 5th December 2016 to include 20,000 shares in KCB Group PLC Shareholder No. xxxx.

2. The asset was omitted in the schedule of assets of the estate of the deceased Willis Onyango Diah, whose sole beneficiary is Lilian Awuor Onyango.

3. Albeit the application seeks for revocation of grant, unless the rectification of grant involves removal of administrators, it is not necessary to revoke a grant when all that is required is to add an asset which was not known at the time of confirmation of the grant.

4. In this cause, I am aware, from perusal of the file herein, that the current administratix was not the original petitioner. All that she needs is addition of an asset in the certificate of confirmation of grant.

5. As no prejudice will be occasioned to the estate of the deceased if the certificate of confirmation of grant is rectified, I hereby allow the application and order that the certificate of confirmation of grant issued on 8th December 2016 be and is hereby recalled and a rectified certificate of confirmation of grant do issue listing the asset described herein being 20,000 shares held at KCB xxxx as an additional asset and the same to be wholly assigned to the sole beneficiary herein Lilian Awuor Onyango.

6. The administratix herein to file an accurate and true account of the administration of the estate of the deceased Willis Onyango Diah within ninety (90) days of today.

7. I so order and this file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 10TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE