[2018] KEHC 7311 (KLR)
The court found that L.R No. Kericho/Ndarawetta/780 is undisputedly part of the deceased's estate and comprises approximately 13 acres. Both parties have made allegations of encroachment and unauthorized dealings with the land, but these are contested. Given the risk of irreparable harm to the applicant and the need...
Source-derived case information.
- Citation
- [2018] KEHC 7311 (KLR)
- Parties
- Petitioner: Joseph Kipkemoi Sugutt; Applicant: Caren Chepkorir Korgoren
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 35 of 2017
- Procedural Posture
- Succession Cause / Interlocutory Application for Status Quo Pending Determination
- Outcome
- Application for maintenance of status quo granted.
- Judges
- GO Shikwe
- Legal Topics
- Succession Estate Administration, Interim Injunctions, Land Disputes, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kipkemoi Sugutt
Petitioner
Caren Chepkorir Korgoren
Applicant
Procedural Posture
Succession Cause / Interlocutory Application for Status Quo Pending Determination
Legal Issues
- 1 Whether the court should order maintenance of status quo over L.R No. Kericho/Ndarawetta/780 pending determination of the succession cause.
- 2 Whether the applicant will suffer irreparable harm if the status quo is not maintained.
- 3 Whether there has been unlawful encroachment or sale of estate land by either party.
Ratio Decidendi
The court found that L.R No. Kericho/Ndarawetta/780 is undisputedly part of the deceased's estate and comprises approximately 13 acres. Both parties have made allegations of encroachment and unauthorized dealings with the land, but these are contested. Given the risk of irreparable harm to the applicant and the need to preserve the estate for proper administration, the court determined that it is fair and just to maintain the status quo regarding the use and occupation of the land pending the hearing and determination of the succession cause. This ensures that neither party gains an unfair advantage or causes prejudice to the estate or beneficiaries before the substantive issues are...
Court Disposition
Application for maintenance of status quo granted.
Orders
- Status quo in respect of L.R No. Kericho/Ndarawetta/780 to be maintained pending hearing and determination of the succession cause.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BOMET SUCCESSION CAUSE NO. 35 OF 2017
IN THE MATTER OF THE ESTATE OF CHESIMET KIPSUGUT CHIRCHIR –DECEASED
-AND-
IN THE MATTER OF JOSEPH KIPKEMOI SUGUTT……..PETITIONER
-VERSUS-
CAREN CHEPKORIR KORGOREN………..APPLICANT/BENEFICIARY
RULING
By way of a Notice of Motion application dated the 19th day of June 2017, the applicant seeks the following orders:-
1. That the Honourable court be pleased to order that the status quo be maintained pending hearing and determination of the succession cause herein.
The grounds are :-
a. The petitioner has entered forcefully into the part of the Deceased parcel of land L.R No Kericho/Ndarawetta/780, wherein the applicant has been using.
b. The petitioner and the applicant had agreed and temporary shared the aforesaid parcel of land into two parts each measuring approximately six (6) acres.
c. That part of the land is the only source of livelihood for the applicant.
d. In the event the petitioner continues to encroach in the said part of the land the applicants stands to suffer irreparably.
This application is opposed. The petitioner in his replying affidavit dated 24th July 2017 depones in paragraph 2 that he filed the succession cause on behalf of the applicant and the Estate comprised of L.R No. Kericho/Ndarawetta/780.
3. That the land was surveyed to ascertain the acreage only but not for subdivision and sale.
5. That the applicant has violated the provisions of the Succession Act by selling part of the land and encroached towards where the graves of their parents are. That a purchaser has forcefully taken two acres. Further that the napier grass alleged to have been destroyed belongs to the purchaser.
That the applicant has leased the remaining part of the land on her side to strangers to do farming.
The application before the court is for the maintenance of status quo.
It is not in dispute that L.R No. Kericho/Ndarawetta/780 forms part of the estate and that it comprises about 13 acres. Same had been surveyed and a sketch map drawn CK1. The applicant subdivided her portion into two. One comprising two acres and another comprising 4 acres as shown in the sketch map. There are allegations of encroachment by the petitioner which are denied. I find that it’s only fair and just that pending the hearing and determination of this cause a status quo be maintained as prayed.
Ruling delivered dated and signed this 15th day of March 2018 in open court and in the presence of learned counsel for the applicant Kenduiwa, learned counsel for the Respondent Koech.
M. MUYA
JUDGE
15/3/2018
Court Assistant Rotich
M. MUYA
JUDGE
15/3/2018
Mr. Kenduiwa – The succession case was filed by the petitioner. He had yet to have the matter gazetted.
M. MUYA
JUDGE
15/3/2018