[2025] KEHC 9851 (KLR)

[2025] KEHC 9851 (KLR)

The court found that the summons for confirmation of grant was unopposed by the petitioner, who had been duly served. In the absence of any objection or alternative proposal, the court accepted the distribution plan set out in the supporting affidavit of the objector. The court therefore confirmed the grant and...

Source-derived case information.

Citation
[2025] KEHC 9851 (KLR)
Parties
Petitioner: Gladys Chemutai Kipseisei; Objector: David Anguria Simotwo
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Succession Cause 41 of 2013
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Outcome
Summons for confirmation of grant allowed. Estate to be distributed as proposed by the objector.
Judges
MS Shariff
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
en
Family and Children Succession Confirmation of Grant Distribution of Estate

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Parties

Gladys Chemutai Kipseisei

Petitioner

David Anguria Simotwo

Objector

Procedural Posture

Succession Cause / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the summons for confirmation of grant dated 24.4.2025 should be allowed and the estate distributed as proposed by the objector.

Ratio Decidendi

The court found that the summons for confirmation of grant was unopposed by the petitioner, who had been duly served. In the absence of any objection or alternative proposal, the court accepted the distribution plan set out in the supporting affidavit of the objector. The court therefore confirmed the grant and ordered that the estate be distributed equally between the objector and the petitioner, each receiving 2 hectares of land from parcel Elgon/Namorio/228.

Court Disposition

Summons for confirmation of grant allowed. Estate to be distributed as proposed by the objector.

Orders

  • The estate of the deceased shall be distributed in accordance with paragraph 4 of the supporting affidavit sworn on 24.4.2025 by David Anguria Simotwo.
  • David Anguria Simotwo to receive 2 hectares of Elgon/Namorio/228.