[2007] KEHC 3449 (KLR)
The court determined that the dispute over the ownership of the estate property is between third-party purchasers and does not directly involve the estate or its beneficiaries' beneficial interests. As such, the succession court is not the appropriate forum to resolve the dispute. The court held that distribution of...
Source-derived case information.
- Citation
- [2007] KEHC 3449 (KLR)
- Parties
- Applicant: Shangilia Children’s Home; Respondent: Symbios’s Micro Community – Kaibeyo; Respondent: Estate of KipYego Chepsiror Kolil
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 170 of 2005
- Procedural Posture
- Probate and Administration Cause / Ruling on Distribution and Dispute Over Estate Property
- Outcome
- Proceedings in the succession cause stayed pending resolution of the ownership dispute in a separate suit.
- Legal Topics
- Succession Disputes, Estate Administration, Beneficial Interest, Land Ownership, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shangilia Children’s Home
Applicant
Symbios’s Micro Community – Kaibeyo
Respondent
Estate of KipYego Chepsiror Kolil
Respondent
Procedural Posture
Probate and Administration Cause / Ruling on Distribution and Dispute Over Estate Property
Legal Issues
- 1 Whether the disputed property forms part of the estate available for distribution pending resolution of third-party claims.
- 2 Whether the succession court should determine ownership disputes between third-party purchasers.
- 3 Whether an inhibition order should be issued to preserve the estate property pending resolution of the dispute.
Ratio Decidendi
The court determined that the dispute over the ownership of the estate property is between third-party purchasers and does not directly involve the estate or its beneficiaries' beneficial interests. As such, the succession court is not the appropriate forum to resolve the dispute. The court held that distribution of the property must be stayed until the dispute is resolved in a separate civil suit between the claimants. The court further ordered an inhibition against the title to prevent any dealings with the property until the determination of the intended suits and any subsequent appeal. The administrators are prohibited from transferring or disposing of the estate assets pending the...
Court Disposition
Proceedings in the succession cause stayed pending resolution of the ownership dispute in a separate suit.
Orders
- All proceedings in the succession cause are stayed.
- The disputants are to institute proceedings against each other in the High Court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Probate & Admin Cause 170 of 2005
IN THE MATTER OF THE ESTATE OF KIPYEGO CHEPSIROR KOLIL
RULING/DIRECTION
I have considered the submissions by Counsel and the Provisions of Rule 41 (3) of the Probate & Administration Rules as read together with section 82 and 71(2) of the Law of Succession Act.
The Property herein is an asset belonging to the Estate of the deceased. The Sale of the land took place during the deceased’s life-time. Now there is a dispute between Shangilia Children’s Home and Symbios’s Micro Community – Kaibeyo as to the owner of the portion that was sold. Various members of the Estate have taken different sides. One house supports one party and the other house supports the other.
The issues in dispute between the two claimants go beyond the purchase and involve their own relationships, source of funds and agreements inter see. If the said case is heard within the succession cause, it would create a lot of confusion and in particular if the matter goes on appeal. There is no direct dispute with the Estate. The beneficiaries’ role is purely as witnesses in the dispute. The dispute really is not that of beneficial interest.
However, the Court cannot allow distribution of the said property until the dispute between the purchasers is resolved.
I hereby order and direct that all proceedings in the Succession Cause be stayed. The two disputants to institute proceedings against each other in the High Court. Which ever of them is successful shall lodge the judgment and Decree in this course upon which this Court as a Succession Court will order transmission to the rightful claimant.
The Administrators shall not transfer, dispose or part with the assets of the Estate until determination of the intended suits and any subsequent appeal. I hereby grant an order of inhibition against the title inhibiting any dealing with the property L.R. No. Uasin Gishu/Sosiani Settlement Scheme/112 until further orders of this Court. Each party to bear his costs in respect of the application herein.
DATED AT ELDORET THIS 23RD DAY OF NOVEMBER 2007
M.K.IBRAHIM,
JUDGE.