[2020] KEHC 2184 (KLR)
The court determined that, in the interest of fairness and preservation of the estate, interim directions were necessary to manage the deceased's assets pending the substantive hearing and determination of the succession cause. The court ordered the surrender of the motor vehicle to the applicants for use and...
Source-derived case information.
- Citation
- [2020] KEHC 2184 (KLR)
- Parties
- Applicant: Elisha Ksarrah Jepkemboi Maiyo; Applicant: Jacob K Maiyo; Respondent: Sarah J Maiyo; Respondent: Joyce Kitai; Respondent: Miriam Maiyo
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 37 of 2019
- Procedural Posture
- Succession Cause / Directions
- Outcome
- Interim directions issued regarding management and division of estate assets pending final determination.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Distribution of Estate, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elisha Ksarrah Jepkemboi Maiyo
Applicant
Jacob K Maiyo
Applicant
Sarah J Maiyo
Respondent
Joyce Kitai
Respondent
Miriam Maiyo
Respondent
Procedural Posture
Succession Cause / Directions
Legal Issues
- 1 How should the movable and immovable assets of the deceased be managed pending final determination of the succession cause.
- 2 What interim arrangements should be made regarding the use of the motor vehicle and division of livestock among beneficiaries.
- 3 What directions should be given regarding the 1st respondent's occupation of the deceased's home.
Ratio Decidendi
The court determined that, in the interest of fairness and preservation of the estate, interim directions were necessary to manage the deceased's assets pending the substantive hearing and determination of the succession cause. The court ordered the surrender of the motor vehicle to the applicants for use and maintenance, an equitable division of the cows and heifer among the deceased's children (with specific allocations to Sarah Maiyo), and directed Sarah Maiyo to vacate the deceased's home within 30 days and return to her previous residence. These measures were intended to maintain harmony among the beneficiaries and ensure the estate's assets were preserved and managed appropriately...
Court Disposition
Interim directions issued regarding management and division of estate assets pending final determination.
Orders
- Motor vehicle Reg. No. KBT 940K Nissan Wing Road to be surrendered to Elisha Maiyo and Jacob Maiyo for use and maintenance pending determination of the cause.
- The 10 cows plus the heifer to be divided: one cow each to the 8 children of the deceased (including the house of the deceased daughter); Elisha Maiyo and Sarah Maiyo to have an extra cow each; Sarah Maiyo to have the heifer as well (total 2 cows plus a heifer for Sarah).
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
SUCCESSION CAUSE NO. 37 OF 2019
IN THE MATTER OF THE ESTATE OF THE LATE ISAACK KIMAIYO KETER ALIAS KIMAIYO KETER- (DECEASED)
ELISHA KSARAH JEPKEMBOI MAIYO..................................1ST APPLICANT
JACOB K MAIYO.....................................................................2ND APPLICANT
VERSES
SARAH J MAIYO .................................................................1ST RESPONDENT
JOYCE KITAI.........................................................................2ND RESPONDENT
MIRIAM MAIYO...................................................................3RD RESPONDENT
DIRECTIONS
1. This court on 8th October 2020 as a result of long protracted issues concerning movable and immovable assets left behind by their deceased father and by extension their late mother directed the Deputy Registrar to go to the ground and access the situation. Her report already in the court file indicated that the parties as well as the Local Provincial Administration attended the meeting.
2. Her report basically was meant to guide the court and is in no way binding to the court. Counsels for the parties also attended the meeting as can be seen from the proceedings.
3. The said Counsels agreed that this court should give some directions concerning the cows, the motor vehicle as well as the 1st Respondents stay at her parents’ home. On the issue of the land it appears that the deceased had settled his children in separate portions. That is a fundamental issue which this court shall deal with substantively.
4. The court directs as follows;-
(A) Motor vehicle Reg. No. KBT 940K Nissan wing road be surrendered to the Applicants ELISHA MAIYO and JACOB MAIYO for use and maintenance pending the determination of this cause.
(B) The 10 cows plus the heifer shall be divided as follows;
(i) one cow each to the 8 children of the deceased including the house of the deceased daughter.
(ii) Elisha Maiyo and Sarah Maiyo shall have an extra cow each and Sarah shall have the heifer as well so that Sarah shall have 2 cows plus a heifer.
(iii) In the event that the said beneficiaries do not agree on the mode of division of the cows above, they shall be at liberty under the chairmanship of the area chief to undertake a ballot for the same.
(iv) Sarah Maiyo shall within the next 30 days from the date herein move to her home and specifically where she lived prior to coming to her parents’ home to take care of them while they were sick until their demise.
5. Orders accordingly.
Dated, Signed and Delivered at Kitale this 27th day of October 2020.
___________________
H. K. CHEMITEI
JUDGE
27/10/2020