[2020] KEHC 5931 (KLR)
The court determined that the distribution of the estate could not be resolved solely on the basis of affidavits and written submissions due to the indirect relationships among the parties and the need to consider Pokot customary law. The matter requires oral evidence to establish the proper beneficiaries and the...
Source-derived case information.
- Citation
- [2020] KEHC 5931 (KLR)
- Parties
- Applicant: Chemakwany Chepkerker Ngoriangole; Respondent: William Pkemoi Kamolo
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 155 of 2011
- Procedural Posture
- Succession Cause / Directions on Confirmation of Grant and Transfer for Oral Evidence
- Outcome
- Application for confirmation of grant to be determined by oral evidence; matter transferred to Kapenguria High Court.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Confirmation of Grant, Customary Law, Distribution of Estate
- 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
Chemakwany Chepkerker Ngoriangole
Applicant
William Pkemoi Kamolo
Respondent
Procedural Posture
Succession Cause / Directions on Confirmation of Grant and Transfer for Oral Evidence
Legal Issues
- 1 Whether the proposed mode of distribution of the estate is correct under the law and Pokot customs.
- 2 Whether the parties have rights over the estates of the deceased persons.
- 3 Whether oral evidence is required to determine the proper distribution of the estate.
Ratio Decidendi
The court determined that the distribution of the estate could not be resolved solely on the basis of affidavits and written submissions due to the indirect relationships among the parties and the need to consider Pokot customary law. The matter requires oral evidence to establish the proper beneficiaries and the correct mode of distribution. Furthermore, since the area in question is West Pokot, which is exempted from certain provisions of the Succession Act, customary law must be applied. The court therefore ordered that the application for confirmation of grant be disposed of by way of oral evidence and transferred the matter to the Kapenguria High Court for determination to save costs...
Court Disposition
Application for confirmation of grant to be determined by oral evidence; matter transferred to Kapenguria High Court.
Orders
- The application dated 7th October 2019 shall be disposed of by way of oral evidence.
- The matter is transferred to Kapenguria High Court for determination.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
KITALE HIGH COURT
SUCCESSION CAUSE NO.155 OF 2011
IN THE MATTER OF THE ESTATES OF THE LATE PKUMON KAMOLO AND
WILSON MAGAL KINYANG(DECEASED)
CHEMAKWANY CHEPKERKER NGORIANGOLE............................APPLICANT
VERSES
WILLIAM PKEMOI KAMOLO..........................................................RESPONDENT
DIRECTIONS
1. Vide her application dated 7th October 2019 the applicant prayed that the grant issued on the 16th day of May, 2019 be confirmed in the manner in which she had proposed. The respondent vide his replying affidavit dated 5th November ,2019 has vehemently opposed the same claiming that the proposed mode of distribution was incorrect as the parties therein did not have any right over the two deceased person’s estate.
2. The court has perused the proceedings herein as well as the submissions on record by the counsels. It is admitted that the relationships between the parties is not as direct as such and that it requires adduction of oral evidence.
3. This position was appreciated by my brother Karanja J in his long ruling dated 9th October, 2012 in which relying on the affidavits on record set aside the respondent as the only beneficiary and thus opened the door for the rest of the beneficiaries. In his conclusion he ruled that since the area where the deceased persons ailed was West Pokot it was exempted from the provisions of the Succession Act especially Section 33 thereof.
4. Although the issue of the Administrators was sorted out the sticking issue is how the estate ought to be distributed. This in my view needs oral evidence and in particular the customs as practiced by the Pokot community.
5. In the premises it is ordered that the application dated 7th October, 2019 be disposed by way of oral evidence. It is noted that there is now a high court in Kapenguria and so as to save on the parties’ costs and time as well as the distance this matter is hereby transferred to Kapenguria high court for determination.
6. Costs shall be in the cause.
Dated, signed and delivered via Zoom at Kitale on this 5th day of May, 2020.
________________
H. K. CHEMITEI
JUDGE
5/5/2020