[2024] KEHC 659 (KLR)
The court found that the administration of the estate was duly completed as all beneficiaries had received their titles, there was no pending appeal, and the judgment had been confirmed by the Court of Appeal. The court emphasized that succession litigation must come to an end once the administration is complete and...
Source-derived case information.
- Citation
- [2024] KEHC 659 (KLR)
- Parties
- Applicant: Sisilia Mwikali Kirwa; Respondent: Hellen Cheruto; Respondent: James S. Kiprotich
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 25 of 2009
- Procedural Posture
- Succession Cause / Directions After Judgment and Transmission
- Outcome
- Administration completed; file closed.
- Judges
- PJO Otieno
- Legal Topics
- Succession, Estate Administration, Grant Confirmation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sisilia Mwikali Kirwa
Applicant
Hellen Cheruto
Respondent
James S. Kiprotich
Respondent
Procedural Posture
Succession Cause / Directions After Judgment and Transmission
Legal Issues
- 1 Whether the administration of the estate is complete following the transmission of property to beneficiaries.
- 2 Whether the file should be closed as there is no pending appeal or unresolved issue.
Ratio Decidendi
The court found that the administration of the estate was duly completed as all beneficiaries had received their titles, there was no pending appeal, and the judgment had been confirmed by the Court of Appeal. The court emphasized that succession litigation must come to an end once the administration is complete and there is no justification to reopen the matter. The file should therefore be closed as the court is now functus officio.
Court Disposition
Administration completed; file closed.
Orders
- The administration of the estate is declared complete.
- The file is to be closed and removed from the list of pending cases.
Full Case Text
Judgment text and source record
23 paragraphs
In re Estate of Leah Chesongony Cheruiyot (Deceased) (Succession Cause 25 of 2009) [2024] KEHC 659 (KLR) (30 January 2024) (Directions)
Neutral citation: [2024] KEHC 659 (KLR)
Republic of Kenya
In the High Court at Kakamega
Succession Cause 25 of 2009
PJO Otieno, J
January 30, 2024
IN THE MATTER OF THE ESTATE OF LEAH CHESONGONY CHERUIYOT (DECEASED)
Between
Sisilia Mwikali Kirwa
Petitioner
and
Hellen Cheruto
1st Objector
James S. Kiprotich
2nd Objector
Directions
1. When the counsel for parties addressed the court on 21. 11. 2023 they left it to the court to peruse the file and to determine whether or not the transmission affected pursuant to the judgment of 20. 3.2014, which was confirmed by the court of appeal by a final judgment marks the end of the administration or not.
2. The court has perused its records and noted that there is no appeal pending and thus the judgment and its effect remain unchallenged. This court remains of the learning that a succession court becomes functus officio once the property get transferred to those entitled.
3. In the cause of their address to the court, Mr. Getanda repeatedly asserted, without rebuttal from Mr. Nakitare that each of the beneficiaries obtained their titles. That being the case, the uncontroverted state of administration, the court must now remind parties that litigation, especially a family one like this, need to be brought to an end expeditiously and once so brought to a closure need not be reopened unless for very good reason targeted at serving the very ultimate ends of substantial justice.
4. It cannot be a candid assertion that the grant was confirmed without the knowledge of the administrator when the record of the file show that matter was heard viva voce at which the administrator tendered evidence and a resultant judgment stands and well known to the parties.
5. The court is satisfied that the administration herein is duly completed and that this file must now be closed and removed for the data of pending files before the court.
DATED, SIGNED AND DELIVERED IN KAKAMEGA THIS 30TH DAY OF JANUARY, 2024. PATRICK J. O. OTIENOJUDGE