[2009] KEHC 850 (KLR)
The court found that the applicant and his son are the only survivors of the deceased, Esther Cheptoo Soi, and that the only asset of the estate is the specified parcel of land. There being no other dependants or objections, and the requirements of the Law of Succession Act having been met, the court confirmed the...
Source-derived case information.
- Citation
- [2009] KEHC 850 (KLR)
- Parties
- Deceased: Esther Cheptoo Soi; Applicant: Kimutai A. Soi
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 11 of 2008
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant of letters of administration intestate confirmed.
- Legal Topics
- Succession, Confirmation of Grant, Intestate Estate, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Cheptoo Soi
Deceased
Kimutai A. Soi
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the applicant and his son are the only survivors entitled to the deceased's estate.
- 2 Whether the grant of letters of administration intestate should be confirmed.
Ratio Decidendi
The court found that the applicant and his son are the only survivors of the deceased, Esther Cheptoo Soi, and that the only asset of the estate is the specified parcel of land. There being no other dependants or objections, and the requirements of the Law of Succession Act having been met, the court confirmed the grant of letters of administration intestate to the applicant for the distribution of the estate as prayed.
Court Disposition
Grant of letters of administration intestate confirmed.
Orders
- The temporary grant of letters of administration intestate issued to the applicant is hereby confirmed.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO
Succession Cause 11 of 2008
1. Family Law
2. The Law of Succession
3. Confirmation of letters of grant intestate
a. deceased, female adult aged 57 years old on 2nd October, 2005.
b. Cardio respiratory arrest due to septicemia due to nephrolitheasis diabetes mellitus
c. survivors
i. widower ages 63 years in 2008
ii. son aged 38 years in 2008
d. Assets
Nakuru Olenguruone/Kiptagich/1161 3. 3. ha
4. Held - grant be confirmed
5. Case Law – Nil
6. Advocates – Nil.
ESTHER CHEPTOO SOI ……………………………DECEASED
AND
KIMUTAI A. SOI ……………………………………PETITIONER
RULING
I: Application for confirmation of grant.
1. The applicant/administrator and widower to the deceased, one Esther Cheptoo Soi who died on 2nd October, 2005 at Nairobi Hospital filed for letters of grant intestate.
2. Temporary letters were issued on 25th September, 2008 intestate (G.B.M. Kariuki J).
3. After a period of six months the applicant/administrator applies that the grant be confirmed.
4. He states in his application that his son and himself are the only survivors of the deceased Estate. She left behind land being her asset namely, LR Nakuru/Olenguruone/Kiptangich/1161(1045/11/07) 3. 3 hectares.
5. A spouse is entitled to all personal effect of the deceased spouse.
6. The petitioner said he only had one son. There are no other children.
7. Order application is granted. The temporary grant of letters intestate be and is hereby confirmed.
DATED this 22nd day of October, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates - Nil