[2007] KEHC 3435 (KLR)

[2007] KEHC 3435 (KLR)

The court found that the beneficiaries of the estate of Leah Tapkitany Kosgei had reached an agreement regarding the distribution of the deceased's assets, as evidenced by the affidavit sworn by the petitioners. The court approved the distribution as set out in the affidavit, including the establishment of a trust...

Source-derived case information.

Citation
[2007] KEHC 3435 (KLR)
Parties
Applicant: Julius Kipngetich Kosgei; Applicant: Margaret Chebet
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
? 170 of 2005
Procedural Posture
Probate and Administration Cause / Judgment
Outcome
Estate distributed as per affidavit; trust established for minor beneficiary; orders for transfer of sold portions.
Legal Topics
Succession of Estates, Distribution of Assets, Trust for Minor, Registration of Land
Source Language
en
Family and Children Land and Property Succession of Estates Distribution of Assets Trust for Minor Registration of Land

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Parties

Julius Kipngetich Kosgei

Applicant

Margaret Chebet

Applicant

Procedural Posture

Probate and Administration Cause / Judgment

Legal Issues

  1. 1 Whether the estate of Leah Tapkitany Kosgei has been properly identified and the beneficiaries established.
  2. 2 Whether the distribution of the deceased's assets among the beneficiaries is fair and in accordance with the law.
  3. 3 Whether a trust arrangement for the minor beneficiary is appropriate and enforceable.

Ratio Decidendi

The court found that the beneficiaries of the estate of Leah Tapkitany Kosgei had reached an agreement regarding the distribution of the deceased's assets, as evidenced by the affidavit sworn by the petitioners. The court approved the distribution as set out in the affidavit, including the establishment of a trust for the minor beneficiary, Michael Kiprop, with Margaret Chebet to hold 0.25 acres of UG/Kimumu/1793 in trust until he attains majority. The court further ordered that any use of the land prior to the minor reaching majority should be for his education and welfare. The petitioners were also directed to transfer portions sold to third parties, and any portions sold by Julius...

Court Disposition

Estate distributed as per affidavit; trust established for minor beneficiary; orders for transfer of sold portions.

Orders

  • The estate of Leah Tapkitany Kosgei is distributed in accordance with the affidavit sworn by the petitioners on 3rd August 2007.
  • 0.25 acres out of UG/Kimumu/1793 to be registered in the name of Margaret Chebet in trust for Michael Kiprop until he attains 18 years of age.