In re Estate of Julius Cheruiyot Ngeno (Deceased) (Succession Cause 3 of 2019) [2025] KEHC 18349 (KLR) (15 December 2025) (Ruling)

In re Estate of Julius Cheruiyot Ngeno (Deceased) (Succession Cause 3 of 2019) [2025] KEHC 18349 (KLR) (15 December 2025) (Ruling)

The application for review was res judicata as the issue of the Death Certificate had already been determined by the court, and no new evidence or error was demonstrated. The Protestors failed to prove they were beneficiaries or that the Grant was obtained fraudulently. The application did not meet the statutory threshold for review or revocation of the Grant under the Law of Succession Act.

Citation
[2025] KEHC 18349 (KLR)
Parties
1st Petitioner: David Kimutai Cheruiyot; 2nd Petitioner: Davis Kiprono Cheruiyot; 1st Protestor: Martin Kibet Cheruiyot; 2nd Protestor: June Chepkemoi
Court
High Court
Jurisdiction
Kenya
Judgment Date
15 December 2025
Case Number
Succession Cause 3 of 2019
Procedural Posture
Succession Cause / Ruling on Application for Review and Revocation of Grant
Outcome
Application dismissed with costs to Protestors
Legal Topics
Revocation of Grant, Review of Court Orders, Res Judicata, Fraudulent Documents, Beneficiary Inclusion
Source Language
English
Succession Law Civil Procedure Revocation of Grant Review of Court Orders Res Judicata Fraudulent Documents Beneficiary Inclusion

Case Brief

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Parties

David Kimutai Cheruiyot

1st Petitioner

Davis Kiprono Cheruiyot

2nd Petitioner

Martin Kibet Cheruiyot

1st Protestor

June Chepkemoi

2nd Protestor

Procedural Posture

Succession Cause / Ruling on Application for Review and Revocation of Grant

Legal Issues

  1. 1 Whether the court should review and set aside its Rulings dated 10th November 2023 and 3rd July 2025
  2. 2 Whether the application met the threshold for revoking the Grant under section 76 of the Law of Succession Act

Ratio Decidendi

The application for review was res judicata as the issue of the Death Certificate had already been determined by the court, and no new evidence or error was demonstrated. The Protestors failed to prove they were beneficiaries or that the Grant was obtained fraudulently. The application did not meet the statutory threshold for review or revocation of the Grant under the Law of Succession Act.

Court Disposition

Application dismissed with costs to Protestors

Orders

  • Notice of Motion Application dated 15th July 2025 is dismissed
  • Protestors to bear the costs of the application