[2020] KEHC 9287 (KLR)
The court found that the matter of the estate's distribution had already been determined by an arbitral award, which was adopted as a judgment of the court. The applicants had not obtained a stay or successfully challenged the award, and therefore the court could not set it aside. The administrators complied with...
Source-derived case information.
- Citation
- [2020] KEHC 9287 (KLR)
- Parties
- Applicant: William Kibiwott Chesire; Applicant: Connie Jerotich Chesire Asiyo; Applicant: Rose Chesire; Applicant: Belinda Chesire; Applicant: Pamela Chesire; Applicant: Renee Chesire; Respondent: Alice Chepchumba Chesire; Respondent: Stephen Kiprop Chesire; Respondent: Barclays Bank of Kenya Ltd; Respondent: Garam Investment Auctioneers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1194 of 2009
- Procedural Posture
- Succession Cause / Ruling on Directions After Dismissal of Summons for Revocation and Filing of Summons for Confirmation of Grant
- Outcome
- Summons for revocation dismissed; directions issued for hearing of summons for confirmation of grant.
- Legal Topics
- Succession, Revocation of Grant, Confirmation of Grant, Arbitral Award Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Kibiwott Chesire
Applicant
Connie Jerotich Chesire Asiyo
Applicant
Rose Chesire
Applicant
Belinda Chesire
Applicant
Pamela Chesire
Applicant
Renee Chesire
Applicant
Alice Chepchumba Chesire
Respondent
Stephen Kiprop Chesire
Respondent
Barclays Bank of Kenya Ltd
Respondent
Garam Investment Auctioneers
Respondent
Procedural Posture
Succession Cause / Ruling on Directions After Dismissal of Summons for Revocation and Filing of Summons for Confirmation of Grant
Legal Issues
- 1 Whether the summons for revocation of grant should be allowed or dismissed.
- 2 Whether the arbitral award determining the distribution of the estate can be set aside by this court.
- 3 Whether the administrators complied with the court's directions to file accounts and a summons for confirmation of grant.
Ratio Decidendi
The court found that the matter of the estate's distribution had already been determined by an arbitral award, which was adopted as a judgment of the court. The applicants had not obtained a stay or successfully challenged the award, and therefore the court could not set it aside. The administrators complied with the court's directions by filing the summons for confirmation of grant and accounts. The applicants' objections regarding the accounts not being signed by an auditor did not constitute sufficient grounds for revocation of the grant under section 76 of the Law of Succession Act. The court directed that the summons for confirmation be listed for hearing and all beneficiaries appear...
Court Disposition
Summons for revocation dismissed; directions issued for hearing of summons for confirmation of grant.
Orders
- The summons for confirmation dated 23.7.2019 to be listed for hearing.
- All beneficiaries to appear in court for confirmation within 30 days of the ruling date.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
SUCCESSION CAUSE NO. 1194 OF 2009
IN THE MATTER OF THE ESTATE OF REUBEN KIPLAGAT CHESIRE (DECEASED)
IN THE MATTER OF AN APPLICATION FOR THE REVOCATION OF A
GRANT UNDER SECTION 76 OF THE LAW OF SUCCESSKON ACT,
CAP 160 OF THE LAWS OF KENYA
WILLIAM KIBIWOTT CHESIRE.........................................................1ST CLAIMANT
CONNIE JEROTICH CHESIRE ASIYO...............................................2ND CLAIMANT
ROSE CHESIRE........................................................................................3RD CLAIMANT
BELINDA CHESIRE................................................................................4TH CLAIMANT
PAMELA CHESIRE.................................................................................5TH CLAIMANT
RENEE CHESIRE.....................................................................................6TH CLAIMANT
VERSUS
ALICE CHEPCHUMBA CHESIRE....................................................1ST RESPONDENT
STEPHEN KIPROP CHESIRE..........................................................2ND RESPONDENT
BARCLAYS BANK OF KENYA LTD................................................3RD RESPONDENT
GARAM INVESTMENT AUCTIONEERS........................................4TH RESPONDENT
RULING
1. The Summons for revocation dated 6. 2.2019 was dismissed by this Court in its Ruling dated 12. 6.2019.
2. This Court directed the Administrators to file a summons for confirmation within 30 days of 2. 6.2019 and also to compile a list of all assets of the Estate and the Account for their dealings since they took over the administration of the Estate.
3. The Administrators filed a Summons for Confirmation dated 23. 7.2019 supported by the joint Affidavit of Administrators dated 23. 7.2019.
4. The Administrators simultaneously filed accounts of the estate and liabilities of the estate which are disputed by the Applicants who are the children of the deceased on the basis that they are not signed by the Auditor.
5. This matter was determined by my predecessors following an award by an arbitrator dated 10. 8.2011.
6. The Award was filed in Court and adopted as the Judgment of the Court and application to set it aside dated 9. 9.2011 was dismissed by a ruling delivered on 2. 5.2013.
7. On 31. 7.2015, the Applicant’s Application seeking stay of Execution of the Arbitral award was dismissed by Musyoka J. who also directed that the estate be gazetted with respect with the appointment of Alice Chepchumba Chesire and Stephen Kiprop Chesire as Administrators of the Estate.
8. The Applicants subsequently filed a summons for revocation dated 6. 2.2019 which was dismissed on 12. 6.2019 and this Court gave directions that the Administrators file a summons for confirmation within 30 days of 12. 6.2019.
9. The Letters of Administration were issued to the two respondents on 21. 8.2017 pursuant to the Ruling delivered on 3. 2.2017.
10. The Applicants have not obtained any stay against the arbitral award and this Court cannot set the said award aside. The matter was determined by the said arbitral award and if the Applicants were not satisfied with the Award they were at liberty to appeal against the said award
11. I accordingly direct that the summons for confirmation dated 23. 7.2019 be listed for hearing and all the beneficiaries to appear in Court for confirmation within 30 days of this date.
DELIVERED, SIGNED AND DATED IN OPEN COURT THIS 24TH DAY OF JANUARY, 2020
ASENATH ONGERI
JUDGE OF THE HIGH COURT OF KENYA, NAIROBI.