[2022] KEHC 11973 (KLR)

In re Estate of Samwel Cheruiyot Langat (Deceased) (Succession Cause 100 of 2012) [2022] KEHC 11973 (KLR) (6 May 2022) (Ruling)

Neutral citation: [2022] KEHC 11973 (KLR)

Republic of Kenya

In the High Court at Kericho

Succession Cause 100 of 2012

AN Ongeri, J

May 6, 2022

IN THE MATTER OF THE ESTATE OF THE LATE SAMWEL CHERUIYOT LANGAT (DECEASED)

Between

Josephine Chepngetich Langat

Applicant

and

Leah Chebii Langat

Respondent

Ruling

1. The Application coming for consideration in this Ruling is the one dated 24/1/2022 seeking the following Orders:-i.This Application be certified as urgent and service of the same be dispensed with in the first instance.ii.This Application be heard also ex-parte in the first instance, since going in the ordinary way, the petitioner/respondent now the applicant would unnecessarily suffer irreparably or serious mischief; the Objector/Applicant now the Respondent has not filed any appeal nor sought extension of time as unearthed and/or ruled by this Honourable Court through its order of 3rd December, 2021. iii.That this Honourable Court be pleased to issue an order meant to direct the Officer in Charge of Kapsoit Police Station to provide security to the petitioner/respondent (now Applicant) and the Surveyor who will be visiting the land parcel known as title No. Kericho/Kapsuser/4192 for the purposes of demarcation and sub-division in execution of the certificate of confirmation of grant issued on 4th day of February, 2014. iv.Costs of this application be provided for:-v.This Honourable Court be pleased to grant and/or issue any other relief, order and/or directions that it deems fit and just to grant for purpose of execution of the said certificate of confirmation of grant dated 4th day of March, 2014.

2. The Application is supported by the affidavit of Leah Chebii dated 24/1/2022 in which it is deposed as follows:-That she was issued with a certificate of confirmation of grant of letters of administration on the 4th of March, 2014 as an administrator of the estate of the late Samwel Cheruiyot Langat, subsequent to the issuance of the said certificate of confirmation of grant the objector/respondent, Josephine Chepngetich Langat filed summons for revocation of confirmed grant which was dismissed.

3. That upon the dismissal of the summons for revocation of grant, she sought to sub-divide the land parcel known as title no. Kericho/Kapsuser/4192 in execution of the certificate of grant dated the 4th of March, 2014, however the objector/ respondent indicated that she intended to file an appeal which appeal she has neglected to file. That the objector/respondent seeks to deny her justice, yet the law is clear in regards to the estate of a deceased person who has died intestate while being survived by two or more wives.

4. The objector/respondent, Josephine Chepngetich Langat opposed the Application and filed a Replying Affidavit dated 16/2/2022 in which she deposed as follows:- That being dissatisfied with the court ruling dated the 12th of March, 2020, the objector/respondent filed and served the applicant with a notice of appeal dated the 8th of July, 2021. That the objector/respondent faced challenges during the pandemic as the court closed down temporarily on different occasions due to Covid 19 infections and further that the court station was condemned, occasioning the delay in filing the appeal and that it would be in the interest of justice if the appeal is heard first before orders are given by the court.

5. The Applicant filed submissions as follows: - The Applicant submitted that the suit property, land parcel title no. Kericho/kapsuser/4192 was divided equally between the objector/respondent and the applicant where each widow got 4. 028 acres. The objector/respondent being dissatisfied with the confirmed grant filed summons for revocation of grant of letters of administration intestate, which application was dismissed.

6. It was submitted that the applicant was to implement what the confirmed grant, however the objector/respondent resisted and wanted to harm and chased away the surveyor twice on two diverse dates being the 5th and 25th of January, 2022 respectively.

7. The applicant submitted that the incident was reported at Kapsoit Police Station, where they were advised to get a court order to enable the police provide security during the sub-division and demarcation of the land parcel Kericho/kapsuser/4192; forcing the applicant to file the application dated the 24th of January, 2022 seeking an order to have the officer in charge of Kapsoit police station provide security during the demarcation and sub-division exercise.

8. On the other hand, the objector/respondent submitted that she is desirous of appealing against the order of distribution of the deceased person estate, which orders the applicant seeks to execute as per the confirmation of grant. It is submitted that if the applicant’s application is allowed and the orders executed, the objector/respondent’s right to be heard will be greatly infringed as she is desirous to appeal against the ruling dated the 12th of March, 2020, and it would be in the best interest of justice if the proceedings are stayed pending the hearing and determination of the appeal.

9. It was further submitted by the objector/respondent that although the applicant alleges that the objector/respondent was violent towards her and the surveyor, she has not produced any documentary evidence to support her allegations.

10. It was also submitted that if the orders sought by the applicant is granted, it will render the entire appeal nugatory and defeat the ends of justice, it would therefore be in the best interest of justice if the orders sought are not granted to give the objector/respondent a chance to be heard.

11. I find that the Application is meritorious and I accordingly allow it as prayed.

12. The certificate of confirmation to be executed.

13. Each of the parties to get 4. 028 Acres.

14. The Officer Commanding Kapsoit Police Station to assist in Execution of the Orders:-

DELIVERED, DATED AND SIGNED AT KERICHO THIS 6TH DAY OF MAY, 2022A. N. ONGERIJUDGE