[2009] KEHC 3161 (KLR)
The court held that, in accordance with section 40(1) of the Law of Succession Act, the estate of a deceased person who was in a polygamous marriage must be divided according to the number of houses and the children in each house. The parties had agreed to an equal apportionment of the deceased's assets between the...
Source-derived case information.
- Citation
- [2009] KEHC 3161 (KLR)
- Parties
- Applicant: Timothy Kiprono Langat; Applicant: Caleb Kiplangat Korir; Applicant: Faith Chelangat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 16 of 2002
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant_confirmed
- Legal Topics
- Succession, Polygamous Estates, Distribution of Estate, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Kiprono Langat
Applicant
Caleb Kiplangat Korir
Applicant
Faith Chelangat
Applicant
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be confirmed in respect of the estate of the deceased.
- 2 How the estate should be apportioned among the beneficiaries under a polygamous marriage system.
Ratio Decidendi
The court held that, in accordance with section 40(1) of the Law of Succession Act, the estate of a deceased person who was in a polygamous marriage must be divided according to the number of houses and the children in each house. The parties had agreed to an equal apportionment of the deceased's assets between the two recognized houses, each to be held in trust by the respective administrators. The court found no valid claim by the alleged third widow and confirmed the grant as prayed, approving the proposed mode of distribution.
Court Disposition
grant_confirmed
Orders
- The grant of letters of administration is confirmed as prayed.
- The estate is to be apportioned equally between the two houses, each share to be held in trust by the respective administrators.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE 16 OF 2002
IN THE MATTER OF ESTATE OF
PHILEMON KIPKOROS LANGAT ….....…………………. DECEASED
AND
TIMOTHY KIPRONO LANGAT…….…………………} 1ST PETITIONER
CALEB KIPLANGAT KORIR ………………………..} 2ND PETITIONER
FAITH CHELANGAT ……….......…………………..} 3RD PETITIONER
RULING
Confirmation of Probate of grant of letters
1:Summons for confirmation of grant dated 20th May, 2009
1. The deceased Philemon Kipkoros Langat was aged 56 years old at the time he passed away on the 22nd November, 2000 having succumbed to cancer.
2. He was married to two women- Rebecca Langat and Leah Tugutwa. A third alleged wife attempted to be included in the share of the estate as the widow. This was rejected by court (Koome J) on grounds that she was never a widow to the deceased and having lived eleven months prior to the deceased passing away.
3. Visram J issued grant of temporary letters of administration on 25th June, 2002 and a Kenya Gazette Notice published on 19th February, 2002.
4. The application of 20th May, 2009 prayed grant be confirmed.
III: Findings
5. Apportionment under section 40 (1) of the Law of Succession requires that the property under a polygamous system of marriage be divided according to houses and the number of children therein.
6. The parties divided and apportioned the deceased assets equally to be held in trust by this administration being Caleb Kiplangat Korir representing the 1st house and Faith Chelangat representing the second house.
7. I am satisfied that this grant be confirmed. It is accordingly so confirmed.
DATEDthis 16th day of June, 2009 atKERICHO
M.A. ANG’AWA
JUDGE
Advocates
C.K. Korir advocate instructed by M/S C.K. Korir & Co. advocates for Petitioners/Applicants – present