I have considered the summons for rectification of a grant dated 22nd July 2024, the affidavit in support thereof sworn by Dorothy Awiti Omboto on 17th July 2024 and the annexures thereto and I do find that indeed parcel No. Chemelil LR 1610 (Original 618) was omitted from the list of assets of the deceased whereof I do hereby find merit in this application and I thus allow it and make the following orders:
- The certificate of confirmation of grant dated 27/1/2020 is hereby rectified pursuant to rule 43 of the Probate and Administration Rules by including parcel No. Chemelil LR 1610 (Original No. 618).
- The said parcel No. Chemelil LR 1610 (Original 618) shall be distributed to Damyanti Maganlal Vander (17%), Nalini Lalit Kantelia (17%) and Kumudini Ramniklal Wadher (2.2%) as per the last will of the deceased dated 10th May 1989.
- The estate of the deceased shall according be distributed as per the annexed last will dated 10th May 1989 and not otherwise.
- A rectified certificate of confirmation of grant to issue accordingly.
- This file is marked as closed. It is hereby so ordered.
Dated at Kisumu this 19th day of September 2024