[2009] KEHC 74 (KLR)
The court held that the papers filed in the succession cause are now in order, but directed that the benefits described as assets from the deceased's employer must be disclosed before the confirmation of grant can proceed. The advocate on record is required to formally apply for confirmation of grant of letters...
Source-derived case information.
- Citation
- [2009] KEHC 74 (KLR)
- Parties
- Applicant: Betty Cherotich; Applicant: Francis Ngetich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3 of 2002
- Procedural Posture
- Succession Cause / Ruling on Compliance and Directions for Confirmation of Grant
- Outcome
- Directions issued; confirmation of grant deferred pending disclosure of assets.
- Legal Topics
- Succession, Confirmation of Grant, Disclosure of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betty Cherotich
Applicant
Francis Ngetich
Applicant
Procedural Posture
Succession Cause / Ruling on Compliance and Directions for Confirmation of Grant
Legal Issues
- 1 Whether the forms filed in the succession cause are in order for confirmation of grant.
- 2 Whether the benefits/assets of the deceased have been properly disclosed before confirmation of grant.
Ratio Decidendi
The court held that the papers filed in the succession cause are now in order, but directed that the benefits described as assets from the deceased's employer must be disclosed before the confirmation of grant can proceed. The advocate on record is required to formally apply for confirmation of grant of letters intestate after complying with the disclosure requirement. The court emphasized the necessity of full asset disclosure to ensure proper administration and distribution of the estate in accordance with the law.
Court Disposition
Directions issued; confirmation of grant deferred pending disclosure of assets.
Orders
- Advocate on record to formally apply for confirmation of grant after disclosing the deceased's benefits/assets.
- Formal application for confirmation of grant to be filed after compliance with disclosure requirement.
Full Case Text
Judgment text and source record
55 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
Succession Cause 3 of 2002
1. Family Law
2. Whether the Law of Succession Cause is in order.
a)Deceased male adult Paul Kiprotich Ngetich
Male adult aged 44 years old on 29th November, 2001.
b)Cause of death cardiopulmonary arrest due to
respiratory failure due to metestatlic lung P’se.
c)Kenya Gazette 19th December 2001
(R. Ngetich/Magistrate)
d)Form P&A 30, 25th October 2002
e)Temporary letters of grant P&A 41
(3rd April 2002) Visram J).
f)Two petitioners.
g)Advocate on record on 9th July 2009.
h)Assets; benefits.
3. Held;
i)The papers filed now in order.
ii) Benefits amounts to be disclosed.
IN THE MATTER OF THE ESTATE OF
PAUL KIPROTICH NGETICH – DECEASED
AND
BETTY CHEROTICH - 1ST PETITIONER
FRANCIS NGETICH - 2ND PETITIONER
RULING
I. Background
1. This cause was mentioned before me to confirm that the forms filed are in order. This task belongs to the Deputy Registrar. This court has recently been given a Deputy Registrar to deal with Probate matters.
2. The cause herein is that of the estate of the late Paul Kiprotich Ngetich aged 44 years old on 29th November 2001. He passed away due to cardiopulmonary arrest, due to respiratory failure, due to metestalic lung P’se.
3. His widow now aged 42 years old together with his brother applied for letters of grant in the year 2002. The deceased is survived by two daughters 21, 14 years old in 2009 and three sons 18, 16 and 12 years old in 2009.
4. Temporary letter of grant was issued on 3rd April 2002 (P & A 41) Visram J.
5. P&A Form 30, to confirm no other grant had been, issued on 25th October 2002 and the Kenya Gazette Notice issued on 19th December 2001 prematurely before the receipt of Form P& A 30 (by R. Ngetich - magistrate).
6. An advocate has come on record as of 9th July 2009.
II. Position of file.
7. The position of this file is that the assets described as ‘Benefits’ from the deceased employer should be disclosed.
8. That the advocate now on record should formally apply for the confirmation of grant of letters intestate after comply with the above.
Dated this 22nd day of October 2009 at Kericho.
M. A. ANG’AWA
JUDGE
Read on 5th day of November 2009.
M. A. ANG’AWA
JUDGE
Advocates
- S. K. Chelule Advocate instructed by M/S Chelule & Co. Advocates for the Petitioners/Applicants – present.
- Petitioners/applicants; absent.
iii) Kericho/Kabartegan/745 and 1106 1. 3 Ha.
iv) Motor vehicle KAG 516Y
4. Formal application for confirmation of grant be filed after
above has been done. Form 108 and P&A 9.
5. Case Law -Nil
6. Advocate;
S. K. Chelule Advocate instructed by
M/S Chelule & Co. Advocates for the Petitioners/Applicants – present.
Petitioners/applicant - absent