[2018] KEHC 4676 (KLR)
The court found that the beneficiaries of the estate of Chemwetich Chemjor had reached a consensus on the mode of distribution of the estate assets, as evidenced by affidavits, oral testimony, and minutes of a family meeting. The court determined that the proposed distribution was fair, lawful, and in accordance...
Source-derived case information.
- Citation
- [2018] KEHC 4676 (KLR)
- Parties
- Applicant: Jacob Cherop Chemwetich; Respondent: Peris Kobilo Komen; Respondent: Mary Kabon Chemobo
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2 of 2017
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant of Letters of Administration confirmed; estate to be distributed as per agreed schedule.
- Judges
- EM Muriithi
- Legal Topics
- Succession, Grant Confirmation, Estate Distribution, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Cherop Chemwetich
Applicant
Peris Kobilo Komen
Respondent
Mary Kabon Chemobo
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Who are the rightful beneficiaries of the estate of Chemwetich Chemjor.
- 2 What is the appropriate mode of distribution of the estate assets among the beneficiaries.
- 3 How should the interests of deceased sons be represented in the distribution.
Ratio Decidendi
The court found that the beneficiaries of the estate of Chemwetich Chemjor had reached a consensus on the mode of distribution of the estate assets, as evidenced by affidavits, oral testimony, and minutes of a family meeting. The court determined that the proposed distribution was fair, lawful, and in accordance with the Law of Succession Act. The interests of the deceased sons were to be represented by their widows, ensuring that all family members were considered. The court therefore confirmed the grant and approved the distribution schedule as agreed by the parties, including the creation of road access and allocation of specific parcels and shares to each beneficiary.
Court Disposition
Grant of Letters of Administration confirmed; estate to be distributed as per agreed schedule.
Orders
- Grant of Letters of Administration to Jacob Cherop Chemwetich confirmed.
- Baringo/Kapropita/281 to be shared equally between Jacob Cherop Chemwetich, James Chemwetich, and Joel Chemwetich (by their representatives).
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
SUCCESSION CAUSE NO. 2 OF 2017
IN THE MATTER OF THE ESTATE OF CHEMWETICH CHEMJOR (DECEASED)
RULING
1. Upon application of confirmation of Grant dated 5/7/2106 and further affidavit of the Administrator sworn on 27/3/2018 and upon hearing the beneficiaries testify on oath before the court and noting the minutes of the family meeting held on 1/7/18 in the presence of the area assistant chief, Kinyo Sub-location dated 11/7/18, the court confirms the beneficiaries of the estate of Chemwetich Chemjor as:
i. Jacob Cherop Chemwetich
ii. Peris Kobilo Komen
iii. Mary Kabon Chemobo
2. The estate is shown to comprise two parcels of land Baringo/Kapropita/281 and 282, and plot No. 4 Solai.
3. It is agreed that the two parcels of land be shared among the 3 sons of Chemwetich Chemjor, two of whom are represented by their widows, Peris Kobilo Komen and Mercy Kabon Chemobo as shown above.
4. It is further agreed by way of distribution that James Chemwetich be given Baringo/Kapropita/282 measuring 1 acre.
5. Jacob Cherop Chemwetich agreed to take the plot No. 4 Solai of 50 x 100 feet only and the remainder 3 acres of the solai plot were to be shared equally between James Chemwetich and Joel Chemwetich each taking 1 ½ acres.
6. It was agreed that a road access would be created to pass through land plots Baring/Kapropita 281 and 282.
7. The court approves this mode of distribution which has been reached by consent of the beneficiaries of the estate of the Deceased Mzee Chemwetich Cherop.
Orders
8. Accordingly, the Grant of Letters of Administration herein granted to Jacob Cherop Chemwetich is confirmed for the distribution of the Estate in accordance with the schedule herein -below set out:
1. Baringo/Kapropita/281- to be shared between Jacob Cherop Chemwetich, James Chemwetich and Joel Chemwetich in equal shares.
2. Baringo/ Kapropita/282- to be distributed to James Chemwetich in whole 1 acre share, as already registered.
3. Three acres on Solai Plot No. 4 to be distributed to the three sons with Jacob Cherop Chemwetich in whole share of 50 x 100 feet only and the rest to be shared equally by other two each taking 1 ½ acres.
9. In effecting the distribution on the two plots Baringo/Kapropita/281 and 282, a road of access shall be created to allow road access to Jacob Cherop Chemwetich and Joel Chemwetich.
10. The respective shares of the deceased sons of the deceased Joel Kiplagat Chemwetich and James Chemjor Chemwetich shall be taken by their widows Peris Kobilo Komen and Mary Kabon Chemobo on behalf of their family members.
11. Each party shall bear its own costs.
DATED AND DELIVERED THIS 31ST DAY OF JULY, 2018.
EDWARD MURIITHI
JUDGE
Appearances
M/s Tarus & Co. Advocates for the Petitioner