[2021] KEHC 658 (KLR)
The court found that the chief had already issued a letter identifying the beneficiaries of the estate to Emmanuel Argut Limo, and the applicant failed to provide a valid reason why this letter could not be used for the intended succession proceedings. The applicant did not demonstrate why a second chief’s letter...
Source-derived case information.
- Citation
- [2021] KEHC 658 (KLR)
- Parties
- Applicant: Jonah Limo; Respondent: Augustine Rotich
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 2017
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons Application for Issuance of Chief's Letter
- Outcome
- Application partially allowed with directions; no order as to costs.
- Judges
- RB Ngetich
- Legal Topics
- Succession Procedure, Letters of Administration, Identification of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonah Limo
Applicant
Augustine Rotich
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons Application for Issuance of Chief's Letter
Legal Issues
- 1 Whether the applicant is entitled to be issued with a chief's letter for purposes of applying for letters of administration for the estate of Dinah Limo.
- 2 Whether the chief can issue a second letter in respect of the same estate after already issuing one to another beneficiary.
- 3 Whether the applicant has provided sufficient justification for issuance of a new chief's letter.
Ratio Decidendi
The court found that the chief had already issued a letter identifying the beneficiaries of the estate to Emmanuel Argut Limo, and the applicant failed to provide a valid reason why this letter could not be used for the intended succession proceedings. The applicant did not demonstrate why a second chief’s letter was necessary or why the existing letter was insufficient. Furthermore, the applicant had not informed or obtained consent from other beneficiaries regarding his application for letters of administration, contrary to the requirements of succession law. The court concluded that the proper procedure was for the three family members appointed in the family meeting to file the...
Court Disposition
Application partially allowed with directions; no order as to costs.
Orders
- The three family members of the deceased appointed in the meeting held on 20th April 2021 to file petition for grant of letters of administration.
- Order 1 to be complied with within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
SUCCESSION CAUSE NO. 6 OF 2017
IN THE MATTER OF THE ESTATE OF DINAH LIMO (DECEASED)
JONAH LIMO............................................................................................APPLICANT
-VERSUS-
AUGUSTINE ROTICH sued as the Area Chief,Ngata Location.......RESPONDENT
RULING
1. The applicant filed the chamber summons application filed on 30th June 2021 seeking the following orders:
a. Spent .
b. That this honorable court do order AUGUSTINE ROTICH the area Chief Ngata Location to issue the applicant JONAH LIMO with a chief’s letter in respect of the estate of the late DINAH LIMO.
c. The costs if this application is provided for.
2. The application is premised on the grounds that, the estate of the deceased who died on 4th April 2009 is being wasted while area chief has declined to issue the applicant with a chief’s letter to enable the court allow the applicant to apply for letters of administration of the estate of the sister-in-law Dina Limo as allowed in Citation Cause No. 6 of 2017. That the family agreed on the mode of distribution of the estate of the deceased in meeting held on 20th April 2019.
3. In response, the respondent filed a replying affidavit on 27th September 2021. He averred that he has already issued a letter dated 19th August 2019 to Emmanuel Argut Limo who is a beneficiary of the estate of the deceased and he cannot therefore issue a second letter in respect to the same estate. He further contends the applicant is not a beneficiary of the estate of the deceased and the application is therefore vexatious and frivolous and a waste of judicial time. He urged court to dismiss the application herein.
ANALYSIS AND DETERMINATION
4. I have considered averments herein. Record show that the chief/respondent issued a letter dated 19th August 2019 to Emmanuel Argut,one of the beneficiaries of the estate of the deceased. In paragraph 4 of the chief’s/respondent’s letter, he averred that in the said letter, he listed the beneficiaries of the deceased. He further averred that he issued the said letter to the said Emmanuel Argut Limo whom he knows as a beneficiary to the deceased and also upon perusing the minutes of a family meeting held on 20th April 2019. He attached a copy of the said letter to his affidavit.
5. No explanation has been given as to why another letter should be issued by the chief to the applicant. A chief’s letter is crucial as it assists the court to identify the beneficiaries of the deceased. The applicant has not explained why the letter already issued to the deceased’s beneficiary cannot be used to apply for letters of administration.
6. I note from the minutes of 20th April 2019 that the deceased’s family member agreed that the applicant is entitled to 10 acres from the deceased’s land and is therefore a beneficiary.
7. In my view since the chief has already issued a letter which he has attached herein, a copy should be given to the applicant which he can use to file succession having been allowed to take out letters of administration on 27th July 2017.
8. The applicant wishes to apply for letters of administration in secrecy and without informing other beneficiaries of the deceased. The applicant has not informed any beneficiary entitled to the estate of the current application. No consent has been filed by the beneficiaries authorizing the applicant to file for letters of administration on their behalf.
9. FINAL ORDERS
1) The three family members of the deceased appointed in the meeting held on 20th April 2021 do file petition for grant of letters of administration.
2) Order 1 above to be complied within 30 days from the date of this ruling.
3) Failure to comply with order 2 above the applicant is at liberty to take out letters of administration.
4) Copy of letter dated 19th August 2019 to be used by the applicant for purposes of filing succession in the event the proposed administrators failed to comply with order 2 above.
5) No orders as to costs.
RULING dated, signed and delivered via zoom at Nakuru This 16th day of December, 2021
.....................................
RACHEL NGETICH
JUDGE
In the presence of:
Jenifer - Court Assistant
Kerubo for Applicant
Ms. Ngira for respondent