[2011] KEHC 3415 (KLR)
The court held that, in the absence of any compelling reason to depart from equality and with the consent of the majority of beneficiaries, the estate should be divided equally between the two houses of the deceased. The court rejected the objection by Paul Kiplangat Bett to determine his sister's share, finding no...
Source-derived case information.
- Citation
- [2011] KEHC 3415 (KLR)
- Parties
- Applicant: Agnes Chebet Tonui; Respondent: Richard Korchoren
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 19 of 2005
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant confirmed; estate distributed as ordered.
- Legal Topics
- Succession, Distribution of Estate, Polygamous Families, Life Interest, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agnes Chebet Tonui
Applicant
Richard Korchoren
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the estate of the deceased should be distributed equally between the two houses despite the disproportionate number of children in each house.
- 2 Whether the court should determine the specific shares of the children in the first house where one beneficiary objects to the court's allocation.
- 3 Whether the daughters in the second house are entitled to a share of the estate given their signed consent to exclusion.
Ratio Decidendi
The court held that, in the absence of any compelling reason to depart from equality and with the consent of the majority of beneficiaries, the estate should be divided equally between the two houses of the deceased. The court rejected the objection by Paul Kiplangat Bett to determine his sister's share, finding no justification for his position and emphasizing the court's duty to ensure fair and lawful distribution. The daughters in the second house were excluded from the distribution based on their written consent, and the widow in the second house was granted a life interest in her sons' shares. The court confirmed the grant on these terms, ensuring compliance with the Law of...
Court Disposition
Grant confirmed; estate distributed as ordered.
Orders
- Land title No. Kericho/Kipchimchim/2639 to be divided into two equal portions of 2.1 hectares each.
- In the first house, Rael Chepkorir to receive 1.05 hectares and Paul Kiplangat Bett to receive 1.05 hectares.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE NO.19 OF 2005
IN THE MATTER OF THE ESTATE OF
JOHN KIBET TONUI ………………………………………. DECEASED
AND
AGNES CHEBET TONUI ………………………………….PETITIONER
VERSUS
RICHARD KORCHOREN …………………………………. OBJECTOR
RULING
The deceased, John Kibet Tonui, died on 7th November, 2004 at Kericho. He left a piece of land known as Kericho/Kipchimchim/2639 measuring 4. 2 hectares. He was a polygamist with two wives. The first widow, Rosa Tonuiwho has passed on had two children, Rael Chepkorir and Paul Kiplangat Bett while the second widow, Agnes Chebet Tonui who is still living has three sons and three daughters. These are Messrs Charles Kiprono Bett, Pius Kipkoech Bett, Jackson Kimutai Bett and Betty Chepngetich, Felistus Chepkirui and Florence Chepkoech.
Both houses have through their respective advocates told the court that the beneficiaries have agreed to have the estate of the deceased distributed equally between the two houses inspite of the disproportionate number of children in each house. However, one of the two children in the 1st house namely, Paul Kiplangat Bett, does not want the shares for the 1st house to be stated as he wishes to determine what his sister, Rael Chepkorir, shall get. He does not state why he should be the one to give his sister her half share instead of the Court. It is obvious that he is up to no good.
As all the beneficiaries have agreed that the estate be divided equally into two and as all the beneficiaries, save for Paul Kiplangat Bett in the first house, have also agreed that each house shall distribute its half share equally among the children, I order that the Grant shall be confirmed on the terms that land title No. Kericho/Kipchimchim/2639 shall be divided into two equal portions of 2. 1 hectares each and in the 1st house, Rael Chepkoirr shall take 1. 05 hectares and Paul Kiplangat Bett shall take 1. 05 hectares. In the second house, the 2. 1 hectares shall be distributed equally between Charles Kiprono Bett, Pius Kipkoech Bett and Jackson Kimutai Bett each taking 0. 7 of a hectare. The widow in the second house, Agnes Chebet Tonui who is still living shall have life interest in each of the three pieces of land going to her sons. Her daughters have signed a consent to the effect that they do not wish to share in the distribution of the estate of their late father as they are settled with their husbands and families elsewhere. For this reason, none has been allocated any share. These will be the orders of the Court.
DATED at KERICHO this 16th day of February 2011
G.B.M. KARIUKI,sc
RESIDENT JUDGE
COUNSEL APPEARING
Mrs. Motanya Advocate for the Petitioner
Mr. C.K. Korir Advocate for the Protester
Court Clerk – Mr. Koech