[2019] KEHC 3060 (KLR)
The court found that, despite some discrepancies, the parties had generally agreed on the mode of distribution, with the main contention arising from the allocation to the first house. The court considered the affidavits and the family meeting's resolutions and determined that the estate should be distributed in a...
Source-derived case information.
- Citation
- [2019] KEHC 3060 (KLR)
- Parties
- Applicant: Dinah Robbi Sang; Applicant: Daniel Kipsang Sabulei; Applicant: Benson Kiptoo Birech
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 260 of 2014
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Estate distributed as per court order; each party to bear own costs.
- Judges
- HK Chemitei
- Legal Topics
- Intestate Succession, Distribution of Estate, Revocation of Grant, Beneficiary Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dinah Robbi Sang
Applicant
Daniel Kipsang Sabulei
Applicant
Benson Kiptoo Birech
Applicant
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant issued on 23/7/2015 should be revoked.
- 2 How the estate of Kibirech Arap Kogo should be distributed among the beneficiaries.
- 3 Whether the proposed mode of distribution reflects the wishes of the deceased and is fair to all beneficiaries.
Ratio Decidendi
The court found that, despite some discrepancies, the parties had generally agreed on the mode of distribution, with the main contention arising from the allocation to the first house. The court considered the affidavits and the family meeting's resolutions and determined that the estate should be distributed in a manner that reflects both the wishes of the deceased and the interests of all beneficiaries. The court ordered a specific distribution of the land parcel, allocating defined acreages to named individuals and purposes, including a portion to be sold to offset medical expenses. The application for revocation of the grant was not granted; instead, the court provided a final mode of...
Court Disposition
Estate distributed as per court order; each party to bear own costs.
Orders
- Land parcel Waitaluk/Kapkoi Block 3 (Lolkirenget) 62 to be divided as specified among listed beneficiaries and purposes.
- 1 acre to be sold to offset medical expenses.
Full Case Text
Judgment text and source record
57 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
SUCCESSION CAUSE NO. 260 OF 2014
IN THE MATTER OF THE ESTATE OF KIBIRECH ARAP KOGO – DECEASED
DINAH ROBBI SANG ...........................1ST APPLICANT
DANIEL KIPSANG SABULEI.............2ND APPLICANT
BENSON KIPTOO BIRECH ..............3RD APPLICANT
J U D G M E N T
1. The Application dated 25/1/2016 seeks to have the grant issued on 23/7/2015 revoked. The deceased died intestate and left the following beneficiaries.
1. Chebolong Taplele Kogo – 1st Widow
2. Hellen Jepkorir Mibei – Daughter
3. Rael Jepkemboi Kogo – Daughter
4. Dinah Robby Sang – Daughter
5. Daniel Kipsang Sabula – Son
6. Mary Chepsat Kogo – 2nd Widow
7. Paul Kimurgor Kogo - Son
8. Christine Jeptemba Kogo – 3rd Widow
9. Benson Kiptoo Birech – Son
10. Annet Cherono – Daughter
11. Hilary Kibet Chirchir – Son
12. Caroline Chepchumba – Daughter
13. Zeddy Chengetich – Daughter
14. Silvia Chelagat – Daughter
15. Nimrod Kiplimo – Son.
2. All the beneficiaries are adults. The deceased left behind the only asset namely Land parcel No. Waitaluk/Kapkoi Block 3 (Lolkirenget) 62 measuring 11. 53 Ha.
3. The 3 administrators sought to have the same subdivided into 3 houses as per their joint affidavit sworn on 25/1/2016. Benson Kiptoo Birech however objected to the same arguing that the application was done secretly by Dinah Robby Sang, the first administrator. He attached copies of a family meeting which had given a road map on how the estate was to be distributed. The same is contained in his affidavit dated 15th January 2017.
4. That affidavit was respondent to by Dinah Sang vide her affidavit dated 9/3/2019 in which she rubbishes the same as it does not contain the wishes of the deceased.
5. The court has perused the mode of distribution suggested by both parties and save for some few discrepancies it appear that they have generally agreed . It appears that the issue was with the first house, where there was same disagreements between Rael Kogo who is said to be unmarried and stayed at home, whereas Dinah is married.
6. For the foregoing reason I order that the suit property namely Waitaluk/Kapkoi Block 3 Lolkeringet/62 be divided as follows;-
1. Catholic church – 0. 3 Acres
2. Paul Koech – 1 acre
3. Peter Koech – 1 acre
4. Florence Chengetich – 1 acre
5. Nimrod Birech – 2 acres
6. Hillary Chirchir – 2 acres
7. Benson BiRech – 2 acres
8. Christine Kogo – 5 acres
9. Levi Mukhweso – 2. 5 acres
10. Hellen Mibei – 0. 3 acres
11. Xaviour Kipkosgei – 0. 5 acres
12. Dinah Sang – 0. 5 acres
13. Wycliffe Wanjala – 0. 1 acres
14. Mike Kipchumba Saina – 0. 2 acres
15. John Bett - 2. 5 acres
16. Rael Kogo for herself and her 9 children – 7 Acres
17. 1 Acre to be sold to offset medical expenses.
7. This being a family dispute each shall bear their respective costs.
Delivered, signed and dated at Kitale this 3rd day of April, 2019.
__________________
H.K. CHEMITEI
JUDGE
3/04/19
In the presence of;
Obwoba holding for Khisa for the Petitioner
Barongo for Kigen for the Objector
Court Assistant – Kirong
Judgment read in open court.