[2023] KEHC 465 (KLR)
The court found that the statutory period for confirmation of grant had expired, the beneficiaries had provided written consent to the confirmation and proposed distribution, and there was no evidence of dispute or objection. The court was satisfied that the requirements under section 71 of the Law of Succession Act...
Source-derived case information.
- Citation
- [2023] KEHC 465 (KLR)
- Parties
- Applicant: Daniel Birgen; Respondent: Henry Jerubet Lamai; Respondent: Henry Kipleting Rono
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E001 of 2020
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- Grant of letters of administration intestate confirmed; Daniel Birgen appointed administrator.
- Judges
- RN Nyakundi
- Legal Topics
- Confirmation of Grant, Letters of Administration, Consent of Beneficiaries, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Birgen
Applicant
Henry Jerubet Lamai
Respondent
Henry Kipleting Rono
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued on November 20, 2020 should be confirmed.
- 2 Whether the beneficiaries have consented to the confirmation and distribution of the estate.
Ratio Decidendi
The court found that the statutory period for confirmation of grant had expired, the beneficiaries had provided written consent to the confirmation and proposed distribution, and there was no evidence of dispute or objection. The court was satisfied that the requirements under section 71 of the Law of Succession Act had been met, and therefore confirmed the grant of letters of administration intestate, appointing Daniel Birgen as administrator of the estate of Kiprono Kamai Sitini. The confirmation enables the distribution and registration of the estate's land as agreed by the beneficiaries.
Court Disposition
Grant of letters of administration intestate confirmed; Daniel Birgen appointed administrator.
Orders
- The grant of letters of administration intestate dated November 20, 2020 is confirmed.
- Daniel Birgen is appointed the administrator of the estate of Kiprono Kamai Sitini.
Full Case Text
Judgment text and source record
18 paragraphs
In re Estate of Kiprono Kamai Sitini (Succession Cause E001 of 2020) [2023] KEHC 465 (KLR) (23 January 2023) (Ruling)
Neutral citation: [2023] KEHC 465 (KLR)
Republic of Kenya
In the High Court at Eldoret
Succession Cause E001 of 2020
RN Nyakundi, J
January 23, 2023
N THE MATTER OF THE ESTATE OF KIPRONO KAMAI SITINI
In the matter of
Daniel Birgen
Applicant
Ruling
1The applicant filed an application dated June 15, 2021 seeking the following orders;1. That the grant of letters of administration issued on the November 20, 2020 be confirmed.2. That the costs of the application be in the cause.
2The application is premised on the grounds set out therein and the contents of the annexed affidavit of Daniel Birgen.
3The applicant contends that the grant is due for confirmation since the six months statutory period is over. Further that the deceased was the sole bread winner for the family and upon his demise the beneficiaries are eager for the allocation of their share of the land known as Kapseret /Simat Block 2(SIMAT) 197. The beneficiaries fully consent to the confirmation of the grant so that the land in question can be confirmed accordingly.
3The applicant has annexed the consent for the confirmation of grant dated June 15, 2021 where the dependants of the estate, Henry Jerubet Lamai, ID No 2xxxxxx3 and Henry Kipleting Rono ID No 2xxxxxx5 consented to the registration of the land known as Kapseret /Simat Block 2(SIMAT) 197 being registered in the name of the applicant and his appointment as the administrator. This is to expedite the process of transfer to the third party.
4This court is empowered under section 71 of the Law Of Succession act to confirm the grant if it is satisfied that the grant was correctly made to the applicant. Upon consideration of the application and the annexures thereto, this court hereby confirms the grant of letters of administration intestate dated November 20, 2020. Daniel Birgen is hereby appointed the administrator of the estate.It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 23RDDAY OF JANUARY 2023…………………………………………..R. NYAKUNDIJUDGE(vnnduhiu76@yahoo.co.uk)succession cause no e001 of 2020 0