[2021] KEHC 505 (KLR)
The court found that the property in question, Land Parcel No. KERICHO/CHEMOIBEN/827, measures 4.136 hectares as confirmed by the District Surveyor. In the absence of any valid objection and in line with the legal requirement for equal distribution among beneficiaries, the court held that each beneficiary is...
Source-derived case information.
- Citation
- [2021] KEHC 505 (KLR)
- Parties
- Applicant: Geoffrey K. Kirui; Respondent: Kipngeno Arap Kirui; Respondent: Richard Kiprotich Kirui
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 219 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Rectification
- Outcome
- summons for rectification allowed
- Judges
- AN Ongeri
- Legal Topics
- Succession, Estate Distribution, Rectification of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey K. Kirui
Applicant
Kipngeno Arap Kirui
Respondent
Richard Kiprotich Kirui
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Rectification
Legal Issues
- 1 Whether the property Land Parcel No. KERICHO/CHEMOIBEN/827 should be shared equally among all beneficiaries of the deceased's estate.
- 2 Whether the summons for rectification dated 20/1/2021 should be allowed.
Ratio Decidendi
The court found that the property in question, Land Parcel No. KERICHO/CHEMOIBEN/827, measures 4.136 hectares as confirmed by the District Surveyor. In the absence of any valid objection and in line with the legal requirement for equal distribution among beneficiaries, the court held that each beneficiary is entitled to 0.8272 hectares. The summons for rectification was allowed as it was fair and in accordance with the law, and the rectified certificate of confirmation was ordered to issue accordingly.
Court Disposition
summons for rectification allowed
Orders
- Land Parcel No. KERICHO/CHEMOIBEN/827 to be shared equally among all beneficiaries, each receiving 0.8272 hectares.
- Rectified Certificate of Confirmation to issue accordingly.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
SUCCESSION CAUSE NO. 219 OF 2014
IN THE ESTATE OF THE LATE JOHN KIPKURUI TESOT............DECEASED
GEOFFREY K. KIRUI..................PETITIONER/APPLICANT
-V E R S U S -
KIPNGENO ARAP KIRUI...............................1ST OBJECTOR
RICHARD KIPROTICH KIRUI....................2ND OBJECTOR
R U L I N G
ORDER
1. The Summons for rectification dated 20/1/2021 is seeking to have the property Land Parcel No.KERICHO/CHEMOIBEN/827 measuring 4. 136 Hectares shared equally amongst all the beneficiaries of the Estate of the Deceased herein.
2. This Court had directed that the District Surveyor Bureti to visit the property and confirms the actual acreage and he has filed a report dated 24/11/2020 stating that the Land is 4. 136 Ha.
3. Each of the Beneficiaries will be entitled to 0. 8272 Ha. The Land is situated in the same location and no one will be prejudiced.
4. This mode of distribution is in accordance with the law which requires that the property be shared equally.
5. I allow the summons for rectification as the same is fair and in accordance with the law.
6. The rectified Certificate of Confirmation to issue accordingly.
7. Anyone opposed to the said mode of distribution to file an appeal to the Court of Appeal within 28 days of this date.
DELIVERED, SIGNED AND DATED AT KERICHO THIS 8TH DAY OF FEBRUARY, 2021.
A. N. ONGERI
JUDGE