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In re Estate of Richard Otieno Odongo (Deceased) (Probate & Administration 143 of 2015) [2022] KEHC 16248 (KLR) (13 December 2022) (Judgment)
Neutral citation:
[2022] KEHC 16248 (KLR)
Republic of Kenya
Probate & Administration 143 of 2015
RE Aburili, J
December 13, 2022
In the matter of the estate of Richard Otieno Odongo-
deceased
Between
Monica Obado Odongo
Applicant
and
Maurice Otieno Odongo
Respondent
Judgment
1.This Ruling determines the applicant’s notice of motion dated 19/9/2019 in which the applicant seeks the following prayers:
2.The application is supported by the grounds on the face of the motion and the applicant’s sworn affidavit of even date where she deposes that the deceased herein was her biological son and the grant emanating therefrom had been confirmed in her favour.
3.She deposes that according to the Certificate of Confirmation of grant, she had been allocated land parcel No. Kisumu/Nyalunya/2550 to hold in trust for herself and Maurice Otieno Odongo in equal shares but that to her surprise, when she visited the Kisumu Land’s Registry for purposes of registration of documents to enable transmission of the estate, she found that the entire parcel of land had been transmitted and registered in the name of Maurice Otieno Odongo contrary to the contents of the certificate of confirmation of grant.
4.She therefore asserts that the process of transmission was done fraudulent.
5.The respondent filed a replying affidavit sworn on November 5, 2019 admitting that he had un-procedurally transferred the land to his name to forestall further sale of the estate by his family members. He affirms his commitment to abide by the conditions that may be set by the court.
6.The respondent appeared before Ochieng J on October 28, 2019 and admitted having committed fraud in the transfer of the estate property. Subsequently the court issued orders in the following terms.
7.I find the above order to have sufficiently disposed of this application so that in the absence of a contrary finding by the court, the order stands. Consequently, the application under consideration is no doubt spent.
8.Nonetheless, for completeness of the court record and in light of the admission by the respondent that he caused the irregular registration of the subject parcel of land in his name contrary to the certificate of confirmation of grant issued by this court, an order is hereby issued that the Land Register in respect of land parcel No. Kisumu/Nyalunya/2550 be and is hereby rectified and the name Maurice Otieno Odongo be and is hereby deleted and the said title do revert and or be registered according to the Certificate of Confirmation of Grant dated April 30, 2018 issued by this court, which Certificate of Confirmation shall be served upon the Land Registrar Kisumu Lands Registry together with this ruling and order for implementation forthwith.
9.Each party to bear their own costs of the application.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 13TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE
