[2018] KEHC 1306 (KLR)
The court found that Rophina Palakwang Cherpka, having purchased and occupied the 5-acre portion of parcel Kaisagat/Makhonge Block 1(Mwisho)/98 for 21 years with the knowledge and acquiescence of the family and estate, is entitled to have the portion transferred to her. The application was unopposed, and the...
Source-derived case information.
- Citation
- [2018] KEHC 1306 (KLR)
- Parties
- Applicant: Chepokakiny Kapelo; Applicant: Mary Chepkite Lorenga; Respondent: James Pteril; Respondent: Gabriel Sinja
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 163 of 2013
- Procedural Posture
- Succession Cause / Ruling on Application for Distribution of Estate
- Outcome
- application allowed
- Judges
- HK Chemitei
- Legal Topics
- Succession, Distribution of Estate, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chepokakiny Kapelo
Applicant
Mary Chepkite Lorenga
Applicant
James Pteril
Respondent
Gabriel Sinja
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Distribution of Estate
Legal Issues
- 1 Whether the 5-acre portion of land parcel Kaisagat/Makhonge Block 1(Mwisho)/98 should be transferred to Rophina Palakwang Cherpka.
- 2 Whether the administrators have properly administered the estate as per the confirmed grant.
- 3 Whether there is need to appoint fresh administrators.
Ratio Decidendi
The court found that Rophina Palakwang Cherpka, having purchased and occupied the 5-acre portion of parcel Kaisagat/Makhonge Block 1(Mwisho)/98 for 21 years with the knowledge and acquiescence of the family and estate, is entitled to have the portion transferred to her. The application was unopposed, and the supporting documents indicated no objection from the beneficiaries. The court directed the administrators to execute the transfer, and in the event of their failure, authorized the Deputy Registrar to do so. The court also found no need to appoint fresh administrators as there was no evidence of incapacity or failure to administer the estate.
Court Disposition
application allowed
Orders
- 5 acres out of land parcel Kaisagat/Makhonge Block 1(Mwisho)/98 to be transferred to Rophina Palakwang Cherpka.
- Transfer instruments to be executed by the remaining administrators.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
SUCCESSION CAUSE NO. 163 OF 2013
IN THE MATTER OF THE ESTATE OF ELIZABETH CHEPOSAIT TUWOI – DECEASED
CHEPOKAKINY KAPELO........................................1ST APPLLICANT
MARY CHEPKITE LORENGA..................................2ND APPLICANT
VERSUS
JAMES PTERIL.........................................................1ST RESPONDENT
GABRIEL SINJA......................................................2ND RESPONDENT
R U L I N G
1. The court has perused the application dated 22nd June 2018 which is unopposed. The bone of contention is the sharing out of parcel number Kaisagat/Makhonge Block 1/Mwisho/98 which is already registered in the names of the Administrators herein.
2. From the supporting affidavit to the application it is not clear whether the rest of the parcels number West Pokot/Keringet A 2380 and West Pokot /Keringet A/1234were transmitted to the beneficiaries as per the confirmed grant dated 19th February 2015. All the deceased properties listed were to be transferred to the administrators with a view, I suppose that they shall later be shared among themselves as they deem fit.
3. The application at hand has introduced a new entrant, namely the widow of one Wilson Cherpka, Rophina Palakwang Cherpka who had purchased part of parcel No. 98 aforestated. The supporting annextures suggest that there are no objection and infact the 21 years they have lived on the 5 acres portion was well known to the family or the estate of the deceased herein.
4. Consequently, I do find it appropriate that the 5 acres portion out of land parcel number Kaisagat/Makhonge Block 1(Mwisho)/98 be transferred to Rophina Palakwang Cherpka. The transfer instruments be executed by the remaining administrators as the court is informed that Lerenga Moit Kibaru has since died.
5. Should the administrators fail to effect the transfer, the Deputy registrar of this court do execute.
6. In the meantime, the administrators herein as well as their respective beneficiaries do proceed to distribute the estate appropriately presumably to each individual. For now I do not find it necessary to get fresh administrators as there is no demonstration that the existing administrators have been unable to administer the estate.
7. Costs of this application in the cause.
Delivered, signed and dated at Kitale this 10th day of December, 2018.
________________
H.K. CHEMITEI
JUDGE
10/12/18
In the presence of:
Teti for Applicants
Both Respondents – present
Court Assistant – Kirong
Ruling read in open court.