[2021] KEHC 1812 (KLR)
The court found that the protest to the grant of letters of administration had previously been dismissed, and that the current issue was the confirmation of the grant and the need for an additional administrator due to the size of the estate and concerns of wastage. The court exercised its discretion to direct the...
Source-derived case information.
- Citation
- [2021] KEHC 1812 (KLR)
- Parties
- Applicant: Eunice Chelangat Kimetto; Respondent: Ishmael Chepkwony; Respondent: Pamela Chepkwony; Respondent: Alice Chepkwony
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 7 of 2018
- Procedural Posture
- Succession Cause / Directions After Protest and Before Confirmation of Grant
- Outcome
- directions issued; matter stood over for mention; summons to issue to all beneficiaries
- Judges
- AN Ongeri
- Legal Topics
- Succession of Estates, Letters of Administration, Confirmation of Grant, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eunice Chelangat Kimetto
Applicant
Ishmael Chepkwony
Respondent
Pamela Chepkwony
Respondent
Alice Chepkwony
Respondent
Procedural Posture
Succession Cause / Directions After Protest and Before Confirmation of Grant
Legal Issues
- 1 Whether the protest to the grant of letters of administration should be upheld or dismissed.
- 2 Whether an additional administrator should be appointed for the estate.
- 3 Whether the summons for confirmation and rectification are properly before the court.
Ratio Decidendi
The court found that the protest to the grant of letters of administration had previously been dismissed, and that the current issue was the confirmation of the grant and the need for an additional administrator due to the size of the estate and concerns of wastage. The court exercised its discretion to direct the family to agree on a second administrator and set a mention date for further directions, ensuring that all beneficiaries are notified. The court's directions were aimed at facilitating the proper administration of the estate and protecting the interests of all parties involved.
Court Disposition
directions issued; matter stood over for mention; summons to issue to all beneficiaries
Orders
- The family to agree on a second administrator.
- Matter to be mentioned on 15/12/2021 for directions.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
SUCCESSION CAUSE NO. 7 OF 2018
IN THE MATTER OF THE ESTATE OF SAMWEL CHEPKWONY
KALYA alias SAMWEL CHEPKWONY ARAP KALYA alias SAMWEL
KALYA alias SAMWEL CHEPKWONY (DECEASED)
EUNICE CHELANGAT KIMETTO.........PETITIONER/APPLICANT
- VERSUS -
ISHMAEL CHEPKWONY............................1ST PROTESTOR
PAMELA CHEPKWONY.............................2ND PROTESTOR
ALICE CHEPKWONY..................................3RD PROTESTOR
DIRECTIONS
1. The Petitioner herein Eunice Chelangat Kimeto Petitioned for letters of Administration in this Succession Cause and the same were issued on 28/1/2019.
2. The objectors ISMAEL CHEPKWONY, PAMELA CHEPKWONY and ALICE CHEPKWONY protested to the grant of letters by filing an affidavit of protest dated 9/5/2019. The protest was dismissed in a ruling dated 23/4/2020.
3. The Petitioner filed a summons for confirmation dated 23/10/2020 and again the Protestors filed an Affidavit of protest dated 23/10/2020.
4. The Court directed the Petitioner to file a summons for rectification to indicate the current date.
5. The Learned Counsel for the Protestors stated that the Estate is vast, the same is being wasted and further that the family requires an additional Administrator.
6. The Court directed that the family agrees on a Second Administrator and further that the matter be mentioned on 15/12/2021 for directions.
7. Summons to issue to all the beneficiaries.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 19TH DAY OF NOVEMBER, 2021.
A. N. ONGERI
JUDGE