[2020] KEHC 6121 (KLR)
The court found that the certificate of confirmed grant of letters of administration must be rectified to incorporate the substantive directions given in its previous rulings, specifically the acceptance of the surveyor's report regarding the creation of an access road and the accurate acreages, the revocation and...
Source-derived case information.
- Citation
- [2020] KEHC 6121 (KLR)
- Parties
- Applicant: Josephine Chebet Ruto; Respondent: Alice Chepngeno Ruto
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 88 of 2002
- Procedural Posture
- Succession Cause / Ruling on Rectification and Confirmation of Grant
- Outcome
- Certificate of confirmed grant to be rectified as per previous court directions; rectified certificate to issue.
- Judges
- GMA Dulu
- Legal Topics
- Succession, Grant Confirmation, Rectification of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephine Chebet Ruto
Applicant
Alice Chepngeno Ruto
Respondent
Procedural Posture
Succession Cause / Ruling on Rectification and Confirmation of Grant
Legal Issues
- 1 Whether the certificate of confirmed grant of letters of administration should be rectified to reflect the surveyor's report and previous court directions.
- 2 Whether the transfer of the deceased's shares in KTDA should be revoked and shared equally between the parties.
- 3 Whether the respondent should refund the applicant her share of valuation fees.
Ratio Decidendi
The court found that the certificate of confirmed grant of letters of administration must be rectified to incorporate the substantive directions given in its previous rulings, specifically the acceptance of the surveyor's report regarding the creation of an access road and the accurate acreages, the revocation and equal sharing of KTDA shares, and the refund of valuation fees to the applicant. The court emphasized that the rectified certificate should reflect these determinations to ensure the estate is distributed in accordance with the law and the factual findings already made. The orders previously issued on 31st July 2014 and 18th May 2018 are to be implemented, and a rectified...
Court Disposition
Certificate of confirmed grant to be rectified as per previous court directions; rectified certificate to issue.
Orders
- The transfer of deceased’s shares in KTDA is revoked and the shares are to be shared equally between the applicant and the respondent.
- The respondent is to refund the applicant her share of the fees amounting to Kshs.28,280 incurred for valuation.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE NO.88 OF 2002
IN THE MATTER OF THE ESTATE OF THE LATE DOUGLAS
KIPSIRINGOT Alias KIPNGENY A. BOIWO (DECEASED)
JOSEPHINE CHEBET RUTO........................................................PETITIONER
VERSUS
ALICE CHEPNGENO RUTO............................................................OBJECTOR
RULING
1. This matter has been placed before this court for directions with regard to the confirmation of the grant of letters of administration herein.
2. The letters of administration herein were initially confirmed on 19th October 2009 and certificate of confirmed grant issued.
3. Subsequent to the issuance of certificate of confirmed grant above, this court delivered a ruling on 31st July 2016 in respect of rectification of the confirmed grant of letters of administration, in which the court accepted the surveyors report on the creation of an access road and allowed a rectification of the certificate confirmed grant of letters of administration to reflect the acreages reflected in the surveyors report.
4. Thereafter, this court on 18th May 2018 made the following additional orders –
1. That the transfer of deceased’s shares in KTDA be and is hereby revoked and the said shares be shared equally between the applicant and the respondent.
2. That the respondent do refund the applicant her share of the fees amounting to Kshs.28,280/= incurred for valuation.
3. That the grant in this matter confirmed on 19th October 2009 shall be rectified as directed in the ruling of 31st July 2014 and a certificate duly issued.
4. That there shall be not order as to costs.
5. In my view therefore, the certificate of confirmed grant of letters of administration herein, has to be rectified to capture the contents of the substantive directions given in the two court rulings of 31st July 2014, and 18th May 2018. A rectified certificate of confirmed grant of letters of administration will thus issue as directed herein.
Dated this 29th day of April 2020.
GEORGE DULU
JUDGE
Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Mugumya for the objector and Mr. Miruka for the petitioner.