[2023] KEHC 3206 (KLR)
The court exercised its discretion to appoint Cornelius Bungei Kiroryo and Reuben Kosey Kipserem as administrators of the intestate estate of the late Kipkosgei Arap Moita. The court also granted leave to the applicant to canvass issues relating to his application to arrest the judgment on the mode of distribution....
Source-derived case information.
- Citation
- [2023] KEHC 3206 (KLR)
- Parties
- Applicant: Joseph Kipsang Koskei; Respondent: Cornelius Bungei Kiroryo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 25 of 1995
- Procedural Posture
- Succession Cause / Ruling on Interlocutory Application to Arrest Judgment and Set Aside Proceedings
- Outcome
- Application partially allowed; administrators appointed; leave granted to applicant to canvass issues; matter set for further hearing.
- Judges
- RN Nyakundi
- Legal Topics
- Succession, Appointment of Administrators, Setting Aside Orders, Leave to Respond, Intestate Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kipsang Koskei
Applicant
Cornelius Bungei Kiroryo
Respondent
Procedural Posture
Succession Cause / Ruling on Interlocutory Application to Arrest Judgment and Set Aside Proceedings
Legal Issues
- 1 Whether the court should arrest the ruling and judgment scheduled for delivery pending hearing of the applicant's application.
- 2 Whether the proceedings of February 13, 2023 and February 27, 2023 should be set aside and the applicant granted leave to respond to the application dated July 15, 2022.
- 3 Whether new administrators should be appointed for the intestate estate of the deceased.
Ratio Decidendi
The court exercised its discretion to appoint Cornelius Bungei Kiroryo and Reuben Kosey Kipserem as administrators of the intestate estate of the late Kipkosgei Arap Moita. The court also granted leave to the applicant to canvass issues relating to his application to arrest the judgment on the mode of distribution. The application was to be served upon the administrators and other beneficiaries for hearing on a specified date. The court's decision was guided by the need to ensure all parties are heard and that the administration of the estate proceeds in accordance with the law and principles of natural justice.
Court Disposition
Application partially allowed; administrators appointed; leave granted to applicant to canvass issues; matter set for further hearing.
Orders
- Cornelius Bungei Kiroryo and Reuben Kosey Kipserem appointed as administrators of the estate of Kipkosgei Arap Moita.
- Leave granted to the applicant to canvass matters arising from his application to arrest the judgment on the mode of distribution.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Kipkosgei Arap Moita (Deceased) (Succession Cause 25 of 1995) [2023] KEHC 3206 (KLR) (19 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3206 (KLR)
Republic of Kenya
In the High Court at Eldoret
Succession Cause 25 of 1995
RN Nyakundi, J
April 19, 2023
IN THE MATTER OF THE ESTATE OF THE LATE KIPKOSGEI ARAP MOITA DECEASED
Between
Joseph Kipsang Koskei
Applicant
and
Cornelius Bungei Kiroryo
Respondent
Ruling
1. The applicant approached this court under certificate vide a summons dated April 15, 2023 seeking the following orders;1. Spent2. The court be pleased to arrest the ruling and judgement set to be delivered on April 19, 2023 pending hearing of the application inter partes.3. That the proceedings made on February 13, 2023 and February 27, 2023 be set aside and the applicant be granted leave to respond to the application dated July 15, 2022 and file submissions on the same.4. That the honourable court to issue further or better orders as shall meet the ends of justice
2. Upon consideration of the application and the affidavit in support of the same, I hereby exercise discretion pursuant to Section 66 of the Succession Act and Rule 73(1) of the Probate and Administration Rules to appoint Legal Representatives /Administrators namely: Cornelious Bungei Kiroryo and Reuben Kosey Kipserem in respect of the intestate estate of the late Kipkosgei Arap Moita. In the same context leave is granted to the Applicant in summons dated April 15, 2023 to canvass any matters arising as to why he moved the court to arrest the judgement on the mode of distribution. The application be served upon the administrators and other beneficiaries to be canvased on May 8, 2023.
3. It is so ordered.
DELIVERED, DATED AND SIGNED AT ELDORET ON THIS 19TH DAY OF APRIL 2023. ………………………………………………R. NYAKUNDIJUDGE(koriradvocate@yahoo.com, bitok.sambuadvocates@gmail.com)