[2024] KEHC 8745 (KLR)
The court allowed the application for rectification of the grant based on the consent of the beneficiaries and the supporting affidavit. The court found that the proposed rectification, specifically the allocation of 4 acres of Chapchap/Kituro/63 to Plucy Totolwo Cheserem, was agreed upon by the relevant parties and...
Source-derived case information.
- Citation
- [2024] KEHC 8745 (KLR)
- Parties
- Applicant: Jenniffer Kobilo Cheserem; Respondent: Plucy Totolwo Cheserem
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 856 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Rectification of Grant
- Outcome
- application for rectification of grant allowed
- Judges
- PN Gichohi
- Legal Topics
- Succession, Rectification of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jenniffer Kobilo Cheserem
Applicant
Plucy Totolwo Cheserem
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Rectification of Grant
Legal Issues
- 1 Whether the grant of representation should be rectified to reflect the agreed distribution of the estate.
- 2 Whether 4 acres of Chapchap/Kituro/63 should be allocated to Plucy Totolwo Cheserem as per the consent and supporting affidavit.
Ratio Decidendi
The court allowed the application for rectification of the grant based on the consent of the beneficiaries and the supporting affidavit. The court found that the proposed rectification, specifically the allocation of 4 acres of Chapchap/Kituro/63 to Plucy Totolwo Cheserem, was agreed upon by the relevant parties and was in the interest of justice. There was no opposition to the application, and the rectification would ensure the estate is distributed in accordance with the beneficiaries' wishes. The court emphasized the importance of family cohesion and the need to avoid unnecessary disputes in succession matters.
Court Disposition
application for rectification of grant allowed
Orders
- The grant is rectified as per the application dated 12/9/2023 and supporting affidavit.
- 4 acres of Chapchap/Kituro/63 to be allocated to Plucy Totolwo Cheserem.
Full Case Text
Judgment text and source record
20 paragraphs
In re Estate of Philip Kipsiratgat Chesere alias Philip Cheserem (Deceased) (Succession Cause 856 of 2013) [2024] KEHC 8745 (KLR) (22 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8745 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 856 of 2013
PN Gichohi, J
July 22, 2024
IN THE MATTER OF THE ESTATE OF THE LATE PHILIP KIPSIRATGAT CHESERE alias PHILIP CHESEREM (DECEASED)
In the matter of
Jenniffer Kobilo Cheserem
Petitioner
Ruling
1. The court appreciates that the court has been going through a lengthy cause list. In the circumstances the Administrator may not have been able to wait.
2. The court also confirms removing one of the beneficiaries for not muting mic and interrupting proceedings despite calls to mute.
3. In the circumstances he may not have been able to log in again.
4. The court considers the consent filed herein and confirmed by two beneficiaries present and their counsel.
5. In the interest of justice the application dated 12/9/2023 and filed on 15/9/2023 is allowed in that the grant is rectified.
6. Prayer 1 and paragraph 9 & 10 of the Supporting Affidavit. For avoidance of doubt 4 acres of Chapchap/Kituro/63 now to go to Plucy Totolwo Cheserem.
7. Parties commended for cohesion in the family.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 22ND DAY OF JULY, 2024. PATRICIA GICHOHIJUDGEIn the presence of:Mr Kipkulei for Mr Chelosi for Petitioner.Beneficiaries.Ruto, Court Assistant