[2009] KEHC 132 (KLR)
The court held that the confirmation of grant could proceed as all surviving beneficiaries had either accepted their share or personally renounced their interest in the estate. The court emphasized that renunciation of inheritance must be made personally by the beneficiary and not through a third party or a letter...
Source-derived case information.
- Citation
- [2009] KEHC 132 (KLR)
- Parties
- Applicant: Kiprotich Arap Kigen; Respondent: Estate of the late Taplelei w/o Martha Chebet Mitei
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 183 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed; grant confirmed.
- Legal Topics
- Intestate Succession, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiprotich Arap Kigen
Applicant
Estate of the late Taplelei w/o Martha Chebet Mitei
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate should be confirmed in respect of the deceased's estate.
- 2 Whether all beneficiaries, including daughters, have been properly considered in the distribution of the estate.
- 3 Whether renunciation of inheritance by a beneficiary must be personally made or can be substituted by a letter from a chief.
Ratio Decidendi
The court held that the confirmation of grant could proceed as all surviving beneficiaries had either accepted their share or personally renounced their interest in the estate. The court emphasized that renunciation of inheritance must be made personally by the beneficiary and not through a third party or a letter from a chief. Since the third daughter attended court and orally renounced her interest, the requirements of the law were satisfied. The grant was therefore confirmed, and the estate was to be distributed among the three sons and one grandson as proposed by the applicant.
Court Disposition
Application for confirmation of grant allowed; grant confirmed.
Orders
- The application for confirmation of grant is granted and the grant is confirmed.
- The estate shall be distributed among the three sons and one grandson as proposed.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO
Succession Cause 183 of 2006
IN THE MATTER OF THE ESTATE OF THE LATE
TAPLELEI W/O MARTHA CHEBET MITEI ……DECEASED
AND
KIPROTICH ARAP KIGEN …………………… PETITIONER
RULING
Application for confirmation of grant intestate
I: Background
1. The late Taplelei wife of Mitei alias Martha Chebet Mitei passed away aged 94 years old on the 11th September, 1999 due to old age. She died at Kapsogut – sub location.
2. Surviving her are three sons aged 69, 55, 53. A forth son had died but his house is represented by the deceased grandson aged 51 years old.
3. There are married daughters three in number who are above aged 79, 75 and 60 and one who has since passed away.
4. The only assets the deceased has is land parcel LR Kericho/Cheborge/41 measuring 2. 63 ha.
5. On 25th September, 2006 the Petitioner Kiprotich Arap Kigen aged 69 years related to the deceased as a son applied for letters of grant intestate. The grant of letters was issued on 23rd July, 2007 (Kimaru J).
II: Application for confirmation of grant
6. By application of 29th September, 2009 the confirmation of the said grant.
7. The law requires that the apportionment be made amongst all the survivors. The applicant approved the grant amongst the three sons and one grandson. There were two daughters who presented a letter each separately written by them and print their mark on stating that they did not wish to have a share to the estate.
8. The daughter aged 60 years old Tabelgaa Chepkuruilaitor wrote no such letter. This was written by an assistant chief stating she is not interested in the estate of the deceased. She attends court nonetheless.
III: Opinion
9. The rights of the daughter survivor must be considered herein. The letter from the chief is not a substitute to her renouncing the estate. She did attend court and notified court that she renounces estate.
10. It is hereby agreed/ordered that this application be and is hereby granted and duly confirmed to court.
DATEDthis 26th day of November, 2009 at KERICHO
M.A. ANG’AWA
JUDGE