[2009] KEHC 193 (KLR)

[2009] KEHC 193 (KLR)

The court found that the two daughters of the deceased were not entitled to a share in the estate, as confirmed by the parties. Consequently, the court confirmed the grant of letters of administration intestate to the petitioners, thereby finalizing the administration process for the estate of the late Chesimet Arap...

Source-derived case information.

Citation
[2009] KEHC 193 (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 Confirmation of Grant
Outcome
Grant of letters of administration intestate confirmed; two daughters excluded from inheritance.
Legal Topics
Succession, Intestate Estate Distribution, Confirmation of Grant
Source Language
en
Family and Children Succession Intestate Estate Distribution Confirmation of Grant

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 Confirmation of Grant

Legal Issues

  1. 1 Whether the two daughters of the deceased are entitled to a share in the estate.
  2. 2 Whether the grant of letters of administration intestate should be confirmed.

Ratio Decidendi

The court found that the two daughters of the deceased were not entitled to a share in the estate, as confirmed by the parties. Consequently, the court confirmed the grant of letters of administration intestate to the petitioners, thereby finalizing the administration process for the estate of the late Chesimet Arap Tirop. The decision was based on the clarification provided and the applicable provisions of the Law of Succession Act and the Probate and Administration Rules.

Court Disposition

Grant of letters of administration intestate confirmed; two daughters excluded from inheritance.

Orders

  • The grant of letters of administration intestate is confirmed.
  • The two daughters have no share in the estate of the deceased.