[2009] KEHC 117 (KLR)
The court held that the application for confirmation of grant is granted on condition that the administrator, Kikwai Arap Ngeno, will be responsible for any claims made by the three daughters regarding their shares in the estate. The court emphasized that the law prohibits the sale of estate property before...
Source-derived case information.
- Citation
- [2009] KEHC 117 (KLR)
- Parties
- Applicant: Kikwai Arap Ngeno; Applicant: Elijah Kiplelgo Ngeno; Respondent: Sophia Ngeno; Respondent: Taplegaaa Marindany; Respondent: Taprandich Tiony; Respondent: Tapranda Chebochok
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 313 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- Application for confirmation of grant allowed with conditions.
- Legal Topics
- Succession, Confirmation of Grant, Distribution of Estate, Rights of Daughters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kikwai Arap Ngeno
Applicant
Elijah Kiplelgo Ngeno
Applicant
Sophia Ngeno
Respondent
Taplegaaa Marindany
Respondent
Taprandich Tiony
Respondent
Tapranda Chebochok
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the daughters of the deceased are entitled to a share of the estate under the Law of Succession Act.
- 2 Whether the sale of estate property by an administrator before confirmation of grant is lawful.
- 3 Whether the proposed distribution of the estate complies with the law.
Ratio Decidendi
The court held that the application for confirmation of grant is granted on condition that the administrator, Kikwai Arap Ngeno, will be responsible for any claims made by the three daughters regarding their shares in the estate. The court emphasized that the law prohibits the sale of estate property before confirmation of grant and that all survivors, including daughters, must be considered in the distribution. The proposed distribution, which excluded the daughters, was confirmed subject to the daughters' right to claim their shares, ensuring compliance with the Law of Succession Act. The administrator is liable for any future claims by the daughters, and costs are to be borne by the...
Court Disposition
Application for confirmation of grant allowed with conditions.
Orders
- Grant of letters of administration intestate confirmed subject to the right of the three daughters to claim their shares.
- Kikwai Arap Ngeno, as administrator, to be responsible for any claims by the daughters regarding their shares.
Full Case Text
Judgment text and source record
53 paragraphs
1. Family Law
2. Subject of main application
a.The Law of Succession. Cap 160 Laws of Kenya
b.Application for confirmation of grant of letters intestate
c.Male adult deceased aged 90 years old on 30th May, 1991.
d.KenyaGazette (11th October, 2007) (Deputy Registrar)
e.P&A. 30 Principal Registry 1st March, 2008.
f.Temporary letters of administration P&A 41, (10th April, 2008).
3. Application to confirm Temporary grant
A. All survivors included
i. Two sons
ii. Three married daughter
iii. One daughter in law
iv. Widow of deceased. Presumed death
4. Assets LR Kericho/Kapsuser/1504
3. 2 ha
i) Share amongst the male 2. 96 each
ii) Daughter have no share.
5. Held
Confirmed subject to daughters shares.
6. Case Law – Nil
7. Advocates – Nil
REPUBLIC OF KENYA
IN THE HIGH COURT
AT KERICHO
Succession Cause 313 of 2007
IN THE MATTER OF ESTATE OF
DANIEL KIMORU alias DANIEL ARAP MORU … DECEASED
VERSUS
KIKWAI ARAP NGENO ………………………1ST PETITIONER
ELIJA KIPLELGO NGENO ………………….2ND PETITIONER
RULING
Application dated 3rd February, 2009
for confirmation of Letters of Grant intestate
I: Background
1. The deceased a male adult aged 90 years old on 30th May, 1991 passed away intestate
2. He left survivors
a.Kikwai Arap ngeno ………………... son 67 years
b.Elijah Kiplelgo Ngeno ……………... son 57years
c.Sophia Ngeno ……………..daughter in law 65 years
d.Taplegaaa Marindany …….. married daughter 75 years
e.Taprandich Tiony …………. married daughter 70 years
f.Tapranda Chebochok ……... married daughter 64 years
3. The only assets the deceased had was LR Kericho/Kapsuser/1504 measuring 3. 2 ha.
4. Letters of grant (temporary) was issued on 10th April, 2008 (Koome J)Kenya Gazette issued on 11th October, 2007. P&A. 30 from Principal registry 1st March, 2008.
II: Application for confirmation of grant
5. The applicant has divided the assets amongst the two sons and one daughter in law at 2. 96 acres. No share has been given to the daughters.
6. The applicant No.1 has further sold his share before the grant is confirmed. The law requires no sale of the deceased property be done until confirmation of grant and where there is a trust, with leave of the court.
7. The application to confirm grant be and is hereby granted on condition that Kikwai Arap Ngeno, son and administrator herein be responsible for any claim made by the three daughters as to their shares that may be compensated.
8. The costs be in the estate.
DATED this 23rd day of November, 2009 at KERICHO
M.A. ANG’AWA
JUDGE