[2025] KEHC 7270 (KLR)

[2025] KEHC 7270 (KLR)

The court found that the property in question, Baringo/Kewamoi A/175, was registered in the name of the deceased, Talai Chemwetich, and there was no evidence on the title or otherwise that she was holding it in trust for any particular son. The petitioner’s argument that the land was held in trust for his father was...

Source-derived case information.

Citation
[2025] KEHC 7270 (KLR)
Parties
Applicant: Johnstone Kigen Chelai; Applicant: Ossen Kangogo; Respondent: Peter Kipkenei Kipraisi
Court
High Court
Court Station
High Court at Kabarnet
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 1 of 2020
Procedural Posture
Miscellaneous Succession Cause / Judgment
Outcome
Application for revocation of grant allowed in part; property to be distributed equally among the three sons of the deceased.
Judges
RB Ngetich
Legal Topics
Succession, Distribution of Estate, Customary Law, Trusts in Succession, Revocation of Grant
Source Language
en
Family and Children Succession Distribution of Estate Customary Law Trusts in Succession Revocation of Grant

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Parties

Johnstone Kigen Chelai

Applicant

Ossen Kangogo

Applicant

Peter Kipkenei Kipraisi

Respondent

Procedural Posture

Miscellaneous Succession Cause / Judgment

  1. 1 Whether the objectors should inherit parcel number Baringo/Kewamoi A/175 registered in the name of the deceased.
  2. 2 How the property should be distributed among the beneficiaries.

Ratio Decidendi

The court found that the property in question, Baringo/Kewamoi A/175, was registered in the name of the deceased, Talai Chemwetich, and there was no evidence on the title or otherwise that she was holding it in trust for any particular son. The petitioner’s argument that the land was held in trust for his father was not supported by documentary evidence or the registration records. The court held that, as the property was registered in the name of the deceased who had three sons from two marriages, the estate should be distributed equally among the three sons or their respective families. The court rejected the petitioner’s claim of exclusive entitlement and found that all three lines of...

Court Disposition

Application for revocation of grant allowed in part; property to be distributed equally among the three sons of the deceased.

Orders

  • The deceased herein is the owner of parcel number Baringo/Kewamoi “A” / 175.
  • Parcel No. Baringo/Kewamoi “A” / 175 to be distributed equally between the deceased’s three sons: Kipraisi Kimereu, Kangogo Chelal, and Kigen Chelal.