[2021] KEHC 13628 (KLR)
The court found that there were two parallel succession causes and grants in respect of the same deceased estate. The petitioner in the earlier cause did not oppose the revocation of the grant issued to him. In the absence of opposition and in the interest of proper administration of the estate, the court revoked...
Source-derived case information.
- Citation
- [2021] KEHC 13628 (KLR)
- Parties
- Applicant: Charles Kitur Ngetich; Applicant: William Chesoi Soi; Respondent: Joel Agui Choge; Respondent: Bernard Kipkemoi Ngetich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 100 of 2007
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked; parties directed to appear for directions
- Judges
- AN Ongeri
- Legal Topics
- Succession, Revocation of Grant, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kitur Ngetich
Applicant
William Chesoi Soi
Applicant
Joel Agui Choge
Respondent
Bernard Kipkemoi Ngetich
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration confirmed on 23/5/2017 should be revoked.
- 2 Whether parties should be directed to appear for further directions on the hearing of the summons for revocation.
Ratio Decidendi
The court found that there were two parallel succession causes and grants in respect of the same deceased estate. The petitioner in the earlier cause did not oppose the revocation of the grant issued to him. In the absence of opposition and in the interest of proper administration of the estate, the court revoked the grant confirmed on 23/5/2017 and directed the parties to appear for further directions regarding the summons for revocation. The decision was guided by the need to avoid conflicting grants and ensure orderly administration of the estate.
Court Disposition
grant revoked; parties directed to appear for directions
Orders
- The grant confirmed on 23/5/2017 is revoked.
- Parties to appear in court within 30 days for directions on the hearing of the summons for revocation dated 4/11/2020.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
IN THE MATTER OF THE ESTATE OF SAMWEL KIPSOI MARISIN
SUCCESSION CAUSE NO. 100 OF 2007
CHARLES KITUR NGETICH..............................................1ST PETITIONER
WILLIAM CHESOI SOI.....................................................2ND PETITIONER
VERSUS
JOEL AGUI CHOGE................................................................OBJECTOR
RULING
1. There are two succession causes in respect of the deceased herein SAMUEL KIPSOI MARISIN (Deceased).
2. The first is P & A Cause No.111”A” of 1998 which later became 213 of 2000 filed in the PMS’s Court at Kericho.
3. The Second is Succession Cause No.100 of 2007 filed at the High Court.
4. The grant of letters of Administration in Succession Cause No.213 of 2000 was issued to BERNARD KIPKEMOI NGETICH on 30/7/2001 and confirmed on 18/9/2020.
5. The Grant in Succession Cause No.100 of 2007 was issued to CHARLES KITUR NGETICH and WILLIAM CHESOI SOI on 31/7/2013 and confirmed on 23/5/2017.
6. The Petitioner in P & A No.213 of 2000 has filed a summons for revocation seeking to revoke the certificate of confirmation dated 23/5/2017.
7. The Petitioner in Succession Cause No.213 of 2000 stated that he does not oppose revocation of the grant issued to him.
8. The said grant be and is hereby revoked.
9. The parties to appear in Court within 30 days of this date for directions on the hearing of summons for revocation dated 4/11/2020
Delivered, dated and signed at Kericho this 14th day of December, 2021.
A. N. ONGERI
JUDGE