[2022] KEHC 13706 (KLR)
The court found that there was no clear reason for the omission of Zeddy Mateget from the list of beneficiaries in the earlier distribution of the deceased's estate. In the interest of justice and in accordance with the Law of Succession Act, the court ordered that Zeddy Mateget be included among the beneficiaries...
Source-derived case information.
- Citation
- [2022] KEHC 13706 (KLR)
- Parties
- Petitioner: Andrew Cheruiyot; Petitioner: Ann C Mateget; Petitioner: Stanley Cheruiyot; Applicant: Kennedy Kiplangat Kigen; Applicant: Richard Kiprono Ngeno; Objector: Wilson Kiplangat Cheruiyot & 14 others
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 220 of 2014
- Procedural Posture
- Succession Cause / Ruling on Rectification of Distribution and Inclusion of Omitted Beneficiary
- Outcome
- application for rectification allowed; estate distribution modified to include omitted beneficiary; certificate of confirmation to be rectified
- Judges
- AN Ongeri
- Legal Topics
- Succession, Estate Distribution, Rectification of Confirmation, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Cheruiyot
Petitioner
Ann C Mateget
Petitioner
Stanley Cheruiyot
Petitioner
Kennedy Kiplangat Kigen
Applicant
Richard Kiprono Ngeno
Applicant
Wilson Kiplangat Cheruiyot & 14 others
Objector
Procedural Posture
Succession Cause / Ruling on Rectification of Distribution and Inclusion of Omitted Beneficiary
Legal Issues
- 1 Whether the omission of Zeddy Mateget from the list of beneficiaries was justified.
- 2 How the estate should be redistributed to include the omitted beneficiary.
- 3 Whether the certificate of confirmation should be rectified to reflect the correct distribution.
Ratio Decidendi
The court found that there was no clear reason for the omission of Zeddy Mateget from the list of beneficiaries in the earlier distribution of the deceased's estate. In the interest of justice and in accordance with the Law of Succession Act, the court ordered that Zeddy Mateget be included among the beneficiaries of the 1st house. The units allocated to the 1st house were increased accordingly, and the distribution of the estate was adjusted to ensure each beneficiary received an approximately equal share. The court further ordered the rectification of the certificate of confirmation to reflect these changes and directed that a specific property (Kericho/Chemoiben/30) be sold and the...
Court Disposition
application for rectification allowed; estate distribution modified to include omitted beneficiary; certificate of confirmation to be rectified
Orders
- Zeddy Mateget to be included among the beneficiaries of the 1st house.
- Units in the 1st house increased to 8; other houses remain unchanged.
Full Case Text
Judgment text and source record
35 paragraphs
In re Estate of Zablon Komingoi Mateget (Deceased (Succession Cause 220 of 2014) [2022] KEHC 13706 (KLR) (11 October 2022) (Ruling)
Neutral citation: [2022] KEHC 13706 (KLR)
Republic of Kenya
In the High Court at Kericho
Succession Cause 220 of 2014
AN Ongeri, J
October 11, 2022
IN THE MATTER OF THE ESTATE OF ZABLON KOMINGOI MATEGET alias KOMINGOI MATEGET (DECEASED
Between
Andrew Cheruiyot
1st Petitioner
Ann C Mateget
2nd Petitioner
Stanley Cheruiyot
3rd Petitioner
and
Kennedy Kiplangat Kigen
1st Applicant
Richard Kiprono Ngeno
2nd Applicant
and
Wilson Kiplangat Cheruiyot & 14 others
Objector
Ruling
1. The property of the deceased was distributed in the ruling dated 14/6/2018 by Hon Lady Justice Mumbi Ngugi (as she then was.)
2. In paragraph 13 of the said ruling, she found that the total acreage of the deceased’s property was 52. 99 acres.
3. The 1st house was allocated 7 units, the 2nd house 5 units and the 3rd house 23 units according to the number of beneficiaries.
4. It is not very clear why the beneficiary Zeddy Mateget was left out of the distribution.
5. The other beneficiary Elizabeth Chepkurui Cheruiyot is on the list of the beneficiaries from the 1st house.
6. I direct that Zeddy Mateget be included among the beneficiaries of the 1st house and the units be modified to be 8 in the first house. The rest of the units to remain the same.
7. The 52. 99 acres to be shared as follows:-Each be beneficiary to get approximately 2. 2 acres. The acreages to be adjusted as follows:-1st house – 17. 6 acres from LR No Kericho/Getarwet/4542nd house – 11 acres from LR No Kericho/Getarwet/454. 3rd house – 24. 2 acres - LR No Kericho/Getarwet/454 -3. 4 acres, LR No Kericho/Boito/158 – 20. 75 acres, LR Kericho/Litein-1790 – 0. 1 acres (Total = 24. 25 acres)
8. Paragraph 15 and 16 of the ruling dated 14/6/2018 to remain as ordered.
9. Kericho/Chemoiben/30 to be sold and shared equally amongst all the houses.
10. The certificate of confirmation to be rectified accordingly.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 11TH DAY OF OCTOBER, 2022. A. N. ONGERIJUDGE