[2009] KEHC 124 (KLR)
The court found that the explanations provided regarding the duplication of James Kiprono Bii's name and the substitution of Grace Cheptonui Bii were satisfactory and in accordance with the Probate and Administration Rules. The allocation of two shares to James Kiprono Bii was justified by the evidence, and the...
Source-derived case information.
- Citation
- [2009] KEHC 124 (KLR)
- Parties
- Applicant: Elizabeth Chepkoech Tegutwo; Respondent: James Kiprono Bii; Respondent: Grace Cheptonui Bii
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 272 of 1999
- Procedural Posture
- Succession Cause / Ruling on Clarification Under Rule 41(2) of the Probate and Administration Rules
- Outcome
- application granted; grant of letters of administration and confirmation of grant confirmed
- Legal Topics
- Succession, Grant of Letters of Administration, Confirmation of Grant, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Chepkoech Tegutwo
Applicant
James Kiprono Bii
Respondent
Grace Cheptonui Bii
Respondent
Procedural Posture
Succession Cause / Ruling on Clarification Under Rule 41(2) of the Probate and Administration Rules
Legal Issues
- 1 Whether the duplication of James Kiprono Bii's name in the list of beneficiaries is justified.
- 2 Whether Grace Cheptonui Bii is properly substituted to represent her late husband in the estate distribution.
Ratio Decidendi
The court found that the explanations provided regarding the duplication of James Kiprono Bii's name and the substitution of Grace Cheptonui Bii were satisfactory and in accordance with the Probate and Administration Rules. The allocation of two shares to James Kiprono Bii was justified by the evidence, and the substitution of Grace Cheptonui Bii was properly supported by the amended affidavit and letters of grant. Consequently, the court confirmed the grant of letters of administration intestate and the summons for confirmation of grant, thereby allowing the distribution of the estate as prayed.
Court Disposition
application granted; grant of letters of administration and confirmation of grant confirmed
Orders
- The grant of letters of administration intestate of 19th October, 2006 and the summons for confirmation of grant of 25th March, 2009 are confirmed as prayed.
- James Kiprono Bii is allocated two portions of Kericho/Chemoiben/488 measuring 0.85 acres and 0.08 acres respectively.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 272 of 1999
IN THE MATTER OF THE ESTATE OF THE LATE
WILLY KIBII TEGUTWO ……….....…….. DECEASED
AND
ELIZABETH CHEPKOECH TEGUTW…. PETITIONER
RULING
NO. 3
Clarification under Rule 41(2)
of the Probate and administration rules
I: Background
1. By an application dated the 25th March, 2009, this court required further explanation as to the parties and assets.
2. This was given partially.
3. The question arose as to James Kiprono Bii why his name appears twice and if he is the one and same person.
4. The second was to Grace Cheptonui Bii. Who was not originally on the P&A 5 list.
II: Further explanation
5. The further explanation was provided whereby the said James Bii said he was allocated two shares of the estate assets.
6. The said Grace Cheptonui Bii was substituted to represent her husband who passed away on 6th December, 2008.
7. This is as per the reflected letters of grant affidavit P&A. 5 duly amended.
II: Opinion
8. The court under rule 41(2) of the Probate and administration rules is satisfied with the explanation given to this court.
9. The grant of letters of administration intestate of 19th October, 2006 (Musinga J) and the summons for grant of confirmation of 25th March, 2009 be and is herby confirmed as prayed.
10. James Kiprono Bii will have the two portion of
Kericho/Chemoiben/488 -0. 85 acres
Kericho/Chemoiben/488-0. 08 acres
11. Grace Cheptonui Bii Kericho/Chemoiiben/488 – 3. 34. Subject to letters of grant to her late husband.
12. The application be and is hereby granted with costs in the estate.
DATEDthis 26th day of November, 2009 at KERICHO
M.A.ANG’AWA
JUDGE
J.J. Onyango advocate from M/S Jamsubah Onyango & Co. advocate instructed to hold brief for
M/S V.K. Biii & Co. advocates for the Petitioner/Applicant - present