[2009] KEHC 187 (KLR)
The court found that the application for confirmation of grant was defective due to the omission of the two married daughters, Martha Cheruto Mwei and Raely Chepkoech Kemei, as beneficiaries. The law requires full disclosure of all beneficiaries, regardless of marital status. The court ordered that the grant be kept...
Source-derived case information.
- Citation
- [2009] KEHC 187 (KLR)
- Parties
- Applicant: David Kipkemoi Biegon; Applicant: Towett A. Rotich; Applicant: Elizabeth Chepkorir Langat; Applicant: Esther Chepkemoi Rotich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 52 of 2002
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant kept in abeyance pending amendment.
- Legal Topics
- Confirmation of Grant, Intestate Succession, Beneficiary Disclosure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kipkemoi Biegon
Applicant
Towett A. Rotich
Applicant
Elizabeth Chepkorir Langat
Applicant
Esther Chepkemoi Rotich
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant properly disclosed all beneficiaries of the deceased estate.
- 2 Whether the omission of the two married daughters, Martha Cheruto Mwei and Raely Chepkoech Kemei, affects the validity of the application for confirmation of grant.
Ratio Decidendi
The court found that the application for confirmation of grant was defective due to the omission of the two married daughters, Martha Cheruto Mwei and Raely Chepkoech Kemei, as beneficiaries. The law requires full disclosure of all beneficiaries, regardless of marital status. The court ordered that the grant be kept in abeyance and an amended application be filed, indicating the status of the two biological daughters. The application for confirmation of grant cannot proceed until this requirement is satisfied.
Court Disposition
Application for confirmation of grant kept in abeyance pending amendment.
Orders
- The grant is to be kept in abeyance.
- Applicants to file an amended application for confirmation of grant indicating the status of Martha Cheruto Mwei and Raely Chepkoech Kemei.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT KERICHO
Succession Cause 52 of 2002
IN THE MATTER OF THE ESTATE OF THE LATE
1. Family Law
2. Law of Succession
3. Application for the confirmation of grant 19th November 2009
i) Survivors include two male adult
ii) Two sister in-law
iii) Two married sisters not mentioned in application
4. Held;
i) The application for confirmation of grant be refiled to state the status of Martha Cheruto Mwei aged 75 years married daughter and Raely Chepkoech Kemei aged 64 years married daughter.
5. Case Law; Nil.
6. Advocate; Nil
CHESIMET ARAP TIROP (DECEASED)
AND
DAVID KIPKEMOI BIEGON...........................1ST PETITIONER
TOWETT A. ROTICH.....................................2ND PETITIONER
ELIZABETH CHEPKORIR LANGAT...............3RD PETITIONER
ESTHER CHEPKEMOI ROTICH....................4TH PETITIONER
RULING NO.1
(Application for confirmation of grant of letters intestate).
I. Procedure
1. The deceased a male adult aged 80 years old on 6th February 1989 passed away at the Kericho District Hospital. He died intestate.
2. Those surviving him included two sons aged 46 and 62 years respectively. Two daughters in law aged 47 & 42 years respectively.
3. On 26th October 2009 the applicants disclosed there were two daughters Martha Cheruto Mwei and Raely Chepkoech Kemei both aged 75 and 64 years respectively and are married.
4. The two were left out in the application for confirmation of grant.
5. Under Section 41(2) of the P&A rules it is hereby ordered that the said grant be kept in abeyance and an amended application be filed indicating the states of the two biological daughters in this matter.
6. Further clarification is required from the applicants.
Dated this 26th day of November 2009 at Kericho
M. A. ANG’AWA
JUDGE