[2024] KEHC 9302 (KLR)
The court found that there were errors apparent on the face of the record in the judgment dated 27th March 2024 regarding the distribution of the deceased's estate. Specifically, the Kenindia Education Policy was incorrectly attributed, the proceeds in the Co-operative Bank account were not distributed as per the...
Source-derived case information.
- Citation
- [2024] KEHC 9302 (KLR)
- Parties
- Applicant: Lawrence Kiprotich Sang; Respondent: Agnes Cherotich Sitonik; Respondent: Sharon Chemutai; Respondent: Anneth Chepkorir; Respondent: Victor Kipkoech Sang
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1413 of 2012
- Procedural Posture
- Succession Cause / Application for Review of Judgment
- Outcome
- application for review allowed; schedule of distribution rectified
- Judges
- SN Riechi
- Legal Topics
- Succession, Estate Distribution, Rectification of Grant, Beneficiary Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Kiprotich Sang
Applicant
Agnes Cherotich Sitonik
Respondent
Sharon Chemutai
Respondent
Anneth Chepkorir
Respondent
Victor Kipkoech Sang
Respondent
Procedural Posture
Succession Cause / Application for Review of Judgment
Legal Issues
- 1 Whether there were errors apparent on the face of the record in the judgment regarding distribution of the estate.
- 2 Whether the property Kitengela/Kaputiei/North/12838 was part of the deceased's estate and available for distribution.
- 3 Whether the proceeds in specified bank accounts and insurance policy were correctly allocated to the rightful beneficiaries.
Ratio Decidendi
The court found that there were errors apparent on the face of the record in the judgment dated 27th March 2024 regarding the distribution of the deceased's estate. Specifically, the Kenindia Education Policy was incorrectly attributed, the proceeds in the Co-operative Bank account were not distributed as per the supporting affidavit, and the property Kitengela/Kaputiei/North/12838 did not belong to the deceased and was therefore not available for distribution. The court exercised its power of review under Order 45 Rule 1 of the Civil Procedure Rules and Section 80 of the Civil Procedure Act to rectify the schedule of distribution to accurately reflect the rightful beneficiaries and the...
Court Disposition
application for review allowed; schedule of distribution rectified
Orders
- The schedule of distribution in the judgment dated 27th March 2024 is rectified as set out in this ruling.
- Kitengela/Kaputiei/North/12838 is excluded from the estate as it does not belong to the deceased.
Full Case Text
Judgment text and source record
16 paragraphs
In re Esttae of Katherine Nduku Nthenge (Deceased) (Succession Cause 1413 of 2012) [2024] KEHC 9302 (KLR) (Family) (19 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9302 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Succession Cause 1413 of 2012
SN Riechi, J
July 19, 2024
IN THE MATTER OF THE ESTATE OF KNN (DECEASED)
Ruling
1. This is an application for review of the Judgement of this court dated 27th March 2024. The grounds for the application is that there are apparent errors in the judgment in respect of distribution of the property to the beneficiaries. The errors in the Judgment are:1. Education Policy No. PR00XXX62 by Kenindia where the nominee is Lawrence Kiprotich and not Victor Kipkoech as indicated in the Judgment.2. The proceeds deposited in Co-operative Bank A/c 0111630 459 2XX totaling to Ksh. 235,000/- which should be distributed as per clause 2 of the annexed affidavit dated 16. 4.2021. 3.That Kitengela/Kaputiei/North/12838 was not part of the estate as it belonged to Agnes Cherotich Sitonik and it is not available for distribution.
2. I have considered the application. I am satisfied that there were errors in the distribution. The schedule of distribution is hereby rectified as follows:Name Description of Properties Share of Heirs
Lawrence Kiprotich Sang · Education policy P2008XXX2 of Kshs.200,000/- from Kenindia Assurance Absolutely
Agnes Cherotich Sitonîk. Sharon Chemutai, Anneth Chepkorir Lawrence Kiprotich Sang Victor Kipkoech Sang · Parcel of Land LR. No. Kericho/ Kaptebengwet/661 measuring 3 hectares (3 Ha)· Kshs. 235,000/= held at Cooperative bank, Enterprise Road Branch, Nairobi (Account Number 01116304XXXX0)· Kshs. 6, 945/= held at Equity Bank, Donholm Branch Nairobi (Account Number 08201955XXXX9) In Equal Shares
Agnes Cherotich Sitonîk. Sharon Chemutai, Anneth Chepkorir Lawrence Kiprotich Sang Victor Kipkoech Sang · Motor Vehicle Reg. No. KBC 488 V. The Proceeds from the sale of Motor Vehicle No. KBC 488 V. to of Ksh.560,000/- to be equally shared between them.
DATED AT NAIROBI THIS 19TH DAY OF JULY, 2024. S. N. RIECHIJUDGE