[2009] KEHC 3163 (KLR)
The court found that the application for confirmation of grant was irregular and could not be allowed. The judge noted the absence of Form 30 to confirm that no other similar grant had been issued, and questioned the existence of minor children as beneficiaries given the deceased had died 18 years earlier. The court...
Source-derived case information.
- Citation
- [2009] KEHC 3163 (KLR)
- Parties
- Applicant: Rachel C. Ngeno; Applicant: Annah C. Sang; Applicant: Dennis K. Kibet
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 229 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- application for confirmation of grant dismissed
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachel C. Ngeno
Applicant
Annah C. Sang
Applicant
Dennis K. Kibet
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant meets the legal requirements for confirmation of grant of letters of administration intestate.
- 2 Whether the distribution of the estate as proposed is proper and justified.
- 3 Whether the existence of minor children is plausible given the time elapsed since the deceased's death.
Ratio Decidendi
The court found that the application for confirmation of grant was irregular and could not be allowed. The judge noted the absence of Form 30 to confirm that no other similar grant had been issued, and questioned the existence of minor children as beneficiaries given the deceased had died 18 years earlier. The court also found the documentation regarding purchasers' interests insufficient, requiring production of sale agreements as proof. As a result, the application for confirmation of grant was dismissed until the file could be regularized and proper documentation provided.
Court Disposition
application for confirmation of grant dismissed
Orders
- Application for confirmation of grant is dismissed until the file is regularized.
- Purchasers to produce their sale agreements as proof of having entered into an agreement.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 229 of 2006
IN THE MATTER OF THE ESTATE OF
KIBET ARAP SANG ……………………………… DECEASED
AND
1. RACHEL C. NGENO ………...…………} 1ST PETITIONER
2. ANNAH C. SANG ……………......………}2ND PETITIONER
3. DENNIS K. KIBET ………………………} 3RD PETITIONER
RULING
Confirmation of grant of letters
1: Summons for confirmation of grant of letters intestatefiled and dated 11th February, 2009.
1. Aged 75 years old, the deceased a male adult died on 20th April, 1991 at Tenwek hospital of pneumonia.
2. There were two widows namely two houses. The first house was of Rachael Chebore Ngeno. The second house was Anna Chemutai Sang. I was unable to determined how many children they both had but it was almost 12 children, some being minors.
3. In the application to confirm grant it was agreed that land be approved to 2. 15 acres for house No. 1 and 2. 00 acres for house No. 2. What was not comprehendable was 0. 6 acres going to Denis Kipkorir.
4. The deceased had only one asset being Kericho/Sosiok/2005.
5. Liabilities was that of two purchasers.
II: Findings
6. This application must be rejected. The Kenya Gazette Notice was issued on 28th December, 2006 (No. 404).
7. Letters of administration intestate was issued on 22nd February, 2007 (Koome J).
8. There was no form 30 to confirm that no other similar grant had been issued at the Principal probate registry.
9. The form P&A 5 disclosed the two houses the deceased had including the children. I am unable to understand how the widows have minor children when the deceased had died 18 years previously.
10. There are minor children yet deceased could not sire children within the 18 years he was not alive.
11. I accordingly reject this application. I further order that purchasers should produce their sale agreements as proof of having entered into an agreement in this matter.
12. I accordingly dismiss this application for confirmation of grant until the file is regularized. The costs be in the estate.
DATED this 16th day of June, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
S.G. O’nganyi Advocate instructed by M/S.S.G. O’nganyi & Co. Advocate
for the Petitioners/Applicants-present