[2023] KEHC 26845 (KLR)
The court held that since the consent order dated 22nd March, 2021 was acted upon and a certificate of confirmation of grant was issued, the proper course is to first determine the pending application seeking to set aside the consent order and the certificate of confirmation of grant. The court declined to adopt the...
Source-derived case information.
- Citation
- [2023] KEHC 26845 (KLR)
- Parties
- Petitioner: Annah Cherotich Koros; Petitioner: Ludia Koros; Applicant: Tapkili Cherotich Korio
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 355 of 2015
- Procedural Posture
- Succession Cause / Ruling on Directions Regarding Application to Set Aside Consent Order and Certificate of Confirmation of Grant
- Outcome
- Directions issued; parties to address the court on the pending application to set aside the consent order and certificate of confirmation of grant.
- Judges
- JK Sergon
- Legal Topics
- Succession, Confirmation of Grant, Setting Aside Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Cherotich Koros
Petitioner
Ludia Koros
Petitioner
Tapkili Cherotich Korio
Applicant
Procedural Posture
Succession Cause / Ruling on Directions Regarding Application to Set Aside Consent Order and Certificate of Confirmation of Grant
Legal Issues
- 1 Whether the consent order dated 22nd March, 2021 and the consequent certificate of confirmation of grant should be set aside.
- 2 Whether the court should adopt the clan elders' award in the distribution of the estate.
Ratio Decidendi
The court held that since the consent order dated 22nd March, 2021 was acted upon and a certificate of confirmation of grant was issued, the proper course is to first determine the pending application seeking to set aside the consent order and the certificate of confirmation of grant. The court declined to adopt the clan elders' award or entertain further negotiations on distribution until the application is resolved. The parties were directed to address the court on the pending application, as the substantive issue is whether the consent order and the resultant certificate should be set aside.
Court Disposition
Directions issued; parties to address the court on the pending application to set aside the consent order and certificate of confirmation of grant.
Orders
- Parties are directed to focus their attention and address the court on the pending application dated 30th June, 2022 and the resultant certificate of confirmation of grant.
Full Case Text
Judgment text and source record
25 paragraphs
In re Estate of Kiplaigong Arap Korio (Deceased) (Succession Cause 355 of 2015) [2023] KEHC 26845 (KLR) (19 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26845 (KLR)
Republic of Kenya
In the High Court at Kericho
Succession Cause 355 of 2015
JK Sergon, J
December 19, 2023
N THE MATTER OF THE ESTATE OF THE LATE KIPLAIGONG ARAP KORIO (DECEASED)
In the matter of
Annah Cherotich Koros
1st Petitioner
Ludia Koros
2nd Petitioner
and
Tapkili Cherotich Korio
Applicant
Ruling
1. On 23rd March, 2017 a Grant of Letters of Administration Intestate in respect of the Estate of Kiplaigong Arap Korio was issued to Annah Cherotich Koros and Ludia Koros. Pursuant to the Consent dated 22nd day of March, 2021 and filed in Court on 27th April, 2021, the grant was confirmed and a Certificate of Confirmation of Grant was issued on 21st December, 2021 whereof the deceased’s Estate was proposed to be distributed as follows:-Name description of property share of heirsI.Ludia Koros L.r. No.kericho/tebesonik/32 10 AcresIi.Alice Koros L.r. No.kericho/tebesonik/32 10 AcresIii.Annah Cherotich Koros L.r. No.kericho/tebesonik/32 9. 5 Acres
2. On 30th June, 2022, one Tapkili Cherotich Korio, the Applicant herein filed an Application in which she sought for the Consent dated 22nd day of March, 2021 to be set aside.
3. The record shows that the application has not been heard and determined. The parties have on many occasions asked the Court to give them time to negotiate for a settlement out of Court. It would appear the families and clan elders held a series of meetings with the intention of reaching at an amicable settlement. The elders decision has been filed in Court which award was signed by all the parties involved save for Annah Koros who refused to append her signature.
4. This Court was urged to make an order to adopt the clan elders award. Parties were invited to make submissions on the elders award but none did. What is clear to this court is that the substantive matter is the Application seeking to set aside the consent order. It is apparent that the Consent order was acted upon giving rise to the issuance of a Certificate of confirmation of Grant.
5. There is need to first deal with the application seeking to set aside the Consent Order and the consequent Certificate of Confirmation of Grant.
6. Parties cannot engage themselves in negotiations on the distribution of the estate yet the record shows that the issue was already settled by the Consent Order which was acted upon..
7. I hereby direct the parties to focus their attention and address the Court on the pending application dated 30th June, 2022 and the resultant Certificate of Confirmation of Grant.
DELIVERED, SIGNED AND DATED AT KERICHO THIS 19TH DAY OF DECEMBER 2023. J.K. SERGONJUDGEIn the Presence of:-Malel & Migiro for 2nd PetitionerKirui holding brief for Mutai for 1st PetitionerKibet Kirui holding brief for Bii for the Applicant.