[2018] KEHC 7507 (KLR)
The court found that the objector was unlawfully excluded from the list of beneficiaries in the succession proceedings, despite being a daughter of the deceased. The alleged compensation of Kshs.80,000/= was not accepted by the objector, and there was no evidence that she had received or agreed to such compensation...
Source-derived case information.
- Citation
- [2018] KEHC 7507 (KLR)
- Parties
- Petitioner: Samwel Kiprotich Langat; Objector: Elizabeth Chepkemoi
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 129 of 2015
- Procedural Posture
- Succession Cause / Ruling on Protest to Confirmation of Grant
- Outcome
- protest allowed; confirmation of grant rejected
- Judges
- GO Shikwe
- Legal Topics
- Succession, Inheritance Rights, Distribution of Estate, Concealment of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Kiprotich Langat
Petitioner
Elizabeth Chepkemoi
Objector
Procedural Posture
Succession Cause / Ruling on Protest to Confirmation of Grant
Legal Issues
- 1 Whether the objector, as a daughter of the deceased, was unlawfully excluded from the list of beneficiaries entitled to a share of the estate.
- 2 Whether the objector is entitled to an equal share of the deceased's estate despite the alleged compensation of Kshs.80,000/=.
- 3 Whether there was concealment of material facts by the petitioner regarding the objector's status as a beneficiary.
Ratio Decidendi
The court found that the objector was unlawfully excluded from the list of beneficiaries in the succession proceedings, despite being a daughter of the deceased. The alleged compensation of Kshs.80,000/= was not accepted by the objector, and there was no evidence that she had received or agreed to such compensation in lieu of her inheritance rights. The court determined that there was concealment of material facts by the petitioner, specifically the objector's status as a beneficiary. In accordance with the Law of Succession Act, all children of the deceased are entitled to an equal share of the estate. The court therefore rejected the confirmation of grant and ordered that the objector...
Court Disposition
protest allowed; confirmation of grant rejected
Orders
- Confirmation of grant in this cause is rejected.
- The objector/protestor to be included as a beneficiary before confirmation can be entertained or granted.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET
SUCCESSION CAUSE NO. 129 OF 2015
IN THE MATTER OF THE ESTATE OF
CHELOGOI SOMICHO NGERECHI.................................................DECEASED
-AND-
IN THE MATTER OF SAMWEL KIPROTICH LANGAT..........PETITIONER
-AND-
IN THE MATTER OF ELIZABETH CHEPKEMOI.......................OBJECTOR
RULING
The Notice of Protest against the confirmation of grant of letters of administration is on the grounds that:
(a) The petitioner failed to distribute the Estate of the Deceased equally with the intention to deny the protestor her right of inheritance
(b) That the petitioner concealed the true facts and information that the protestor is the daughter to the deceased and should have equal shares in the estate.
When this matter came for directions on how to proceed with the hearing of the protest, the court directed that it be heard by way of viva voce evidence.
On the date of hearing which was 3rd November, 2016 the petitioner told the court that he was conceding that the objector was a daughter of the Deceased and they did not include her as a beneficiary. The reason being that she had been give Kshs.80,000/= through the area chief. The objector denied having received the said Kshs.80,000/=.
This court issued summons to the chief. The chief testified to have convened a meeting in respect to the present dispute wherein the objector was allocated 0. 1 acres equivalent to Kshs.80,000/= that amount was later taken to the chief for handing over to the objector, who later refused to take it and demanded her one acre back. The amount of Kshs.80,000/= was later handed over to the petitioner one Samwel Kiprotich Langat in court.
It is instructive to note that the introduction letter from the area chief did not initially include the objector Elizabeth Ngerich Kiplangat and the wife of the Deceased. The beneficiaries had been listed as
1. Samwel Kiprotich Langat – son
2. Joseph Kimutai – Son
3. Kipkoech Elijah Langat – Son
The petitioner admits that the objector is a daughter of the deceased. She did refuse the Kshs.80,000/= she had been given through the chief as compensation. The objector maintains that the deceased had three sons and four daughters – three of whom are married but she was not. She further maintains that she has been staying in her father’s land with her children but the petitioner and her brothers colluded to deny her equal share in the estate. This court is satisfied that there was concealment that the objector/protestor was a daughter of the Deceased when this succession cause was filed. Being a daughter of the deceased she is entitled to an equal share in the estate.
The confirmation of the grant in this cause is hereby rejected. The objector/protestor to be included as a beneficiary before confirmation can be entertained/granted.
Ruling delivered dated and signed this 2nd day of February 2018 in the presence of the objector and absence of the petitioners.
Court Assistant – Mr. Rotich.
M. MUYA
JUDGE
2/2/18