[2009] KEHC 1116 (KLR)
The court found that the succession proceedings were irregular due to procedural lapses in the issuance of the grant of letters of administration intestate, including improper gazettement and lack of request to the principal registry. Additionally, the court noted the possibility of estate land being sold without...
Source-derived case information.
- Citation
- [2009] KEHC 1116 (KLR)
- Parties
- Applicant: Samwel Kipkemoi Chumo; Applicant: Johana Kiplangat Chumo
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 88 of 2008
- Procedural Posture
- Succession Cause / Ruling on Summons for Confirmation of Grant
- Outcome
- Application for confirmation of grant rejected.
- Legal Topics
- Probate and Administration, Confirmation of Grant, Intestate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samwel Kipkemoi Chumo
Applicant
Johana Kiplangat Chumo
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant was regular and in compliance with the law.
- 2 Whether the grant of letters of administration intestate was properly issued.
- 3 Whether there were irregularities in the sale of land forming part of the estate.
Ratio Decidendi
The court found that the succession proceedings were irregular due to procedural lapses in the issuance of the grant of letters of administration intestate, including improper gazettement and lack of request to the principal registry. Additionally, the court noted the possibility of estate land being sold without the knowledge of the deceased, raising further concerns about the integrity of the process. As a result, the application for confirmation of grant was rejected, and the court ordered that the original death certificate be deposited, relevant forms be registered and disclosed, and costs be borne by the estate.
Court Disposition
Application for confirmation of grant rejected.
Orders
- The application for confirmation of grant is rejected.
- The original death certificate be deposited to Court.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE 88 OF 2008
IN THE MATTER OF THE ESTATE OF THE LATE
TABSABEI CHELANGAT CHUMO ………….....……DECEASED
AND
SAMWEL KIPKEMOI CHUMO ……..………) 1ST PETITIONER
JOHANA KIPLANGAT CHUMO…....……….) 2ND PETITONER
RULING
Grant of probate of letters of administration intestate
I:Summons for confirmation of grant dated 2nd June, 2009
1. This cause is definitely irregular and suspect.
2. The deceased, a female adult aged 85 years old called Tabsabei Chelangat Chumo passed away on 12th March, 2008. The cause of death being cardiac –cerebral malaria.
3. On 2nd July, 2008 grant of letters intestate was applied for. A Kenya gazette was signed by the deputy register and not the judge as is required where there is a High Court on the very same date of 2nd July, 2008. There was no request to the principal registry.
4. Temporary grant was issued on 22nd September, 2008 (G.B.M. Kariuki J).
5. When the application was applied for and dated 2nd June, 2009 it was further transpired that there were purchasers of land probably sold without the knowledge of the deceased.
6. This may have been irregular and may require to be established.
II: Findings
7. The application for confirmation of grant is rejected. The original death certificate be deposited to Court. The said form P&A 57 be registered at the lands department P&A 5 to disclosed the relationship to the deceased. The said apparent be disclosed.
8. There will be costs in the estate.
DATEDthis 16th day of June, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates – Nil