[2019] KEHC 3556 (KLR)

[2019] KEHC 3556 (KLR)

The court found prima facie evidence that the applicant could be entitled to a share of her late mother's estate, given her claim of being a biological daughter and the supporting documentation. The absence of any response from the respondent and interested parties further strengthened the applicant's case at this...

Source-derived case information.

Citation
[2019] KEHC 3556 (KLR)
Parties
Respondent: John Chepkwny; Applicant: Edna Jepleting Korir; Interested Party: Lilian Cheptanui Kemei; Interested Party: Rael Chepngetich; Interested Party: Zipporah Chelagat Maiyo
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Case Number
Succession Cause 81 of 2009
Procedural Posture
Succession Cause / Interlocutory Ruling on Application for Revocation and Injunction
Outcome
interim_injunction_granted_pending_determination_of_objection
Legal Topics
Revocation of Grant, Injunctions in Succession, Beneficiary Entitlement, Transmission of Land, Status of Children, Preservation of Estate
Source Language
en
Family and Children Land and Property Revocation of Grant Injunctions in Succession Beneficiary Entitlement Transmission of Land Status of Children Preservation of Estate

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Summary, issues, holding and outcome

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Parties

John Chepkwny

Respondent

Edna Jepleting Korir

Applicant

Lilian Cheptanui Kemei

Interested Party

Rael Chepngetich

Interested Party

Zipporah Chelagat Maiyo

Interested Party

Procedural Posture

Succession Cause / Interlocutory Ruling on Application for Revocation and Injunction

Legal Issues

  1. 1 Whether the applicant is a daughter of the deceased and entitled to a share of the estate.
  2. 2 Whether the confirmed grant should be revoked due to exclusion of the applicant.
  3. 3 Whether interim injunctive relief should be granted to preserve the estate pending determination of the objection.

Ratio Decidendi

The court found prima facie evidence that the applicant could be entitled to a share of her late mother's estate, given her claim of being a biological daughter and the supporting documentation. The absence of any response from the respondent and interested parties further strengthened the applicant's case at this interlocutory stage. The court determined that, to ensure equality of arms and preserve the estate, interim injunctive orders were necessary. These orders would prevent the interested parties from dealing with the subject parcels of land and allow the applicant to continue utilizing parcel 243 until the objection proceedings are fully heard and determined. The orders are...

Court Disposition

interim_injunction_granted_pending_determination_of_objection

Orders

  • Temporary injunction against the interested parties from selling, transferring, charging, leasing, or otherwise adversely dealing with parcels KIMONDO/ENDEBESS BLOCK 2/MUBERE/241, 242, and 243 pending hearing and determination of the objection.
  • The applicant is allowed unconditionally to utilize land parcel KIMONDO/ENDEBESS BLOCK 2/MUBERE/243 pending hearing and determination of the objection.