[2009] KEHC 115 (KLR)
The court held that the issuance of the grant of letters of administration intestate to the petitioners was procedurally questionable due to the absence of form P&A 30 on the court file, which is required to confirm that no other grant has been issued. The court further emphasized that, in cases where minors are...
Source-derived case information.
- Citation
- [2009] KEHC 115 (KLR)
- Parties
- Applicant: Liza Chepngeno Terer; Applicant: Emmy Chepkorir Terer; Applicant: J.J. Onyango
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 184 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant of Letters Intestate
- Outcome
- Enquiry ordered regarding missing form; confirmation of grant deferred pending compliance.
- Legal Topics
- Succession, Intestate Estate, Grant Confirmation, Minor Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Liza Chepngeno Terer
Applicant
Emmy Chepkorir Terer
Applicant
J.J. Onyango
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant of Letters Intestate
Legal Issues
- 1 Whether the grant of letters of administration intestate was properly issued to the petitioners.
- 2 Whether the requirements under the Law of Succession Act and Probate and Administration Rules were complied with, particularly regarding the presence of minors and the number of administrators.
- 3 Whether the necessary forms (P&A 30 and P&A 40) were properly filed and present on the court record.
Ratio Decidendi
The court held that the issuance of the grant of letters of administration intestate to the petitioners was procedurally questionable due to the absence of form P&A 30 on the court file, which is required to confirm that no other grant has been issued. The court further emphasized that, in cases where minors are beneficiaries, Section 58 of the Law of Succession Act mandates the appointment of more than one administrator to ensure proper administration of the estate. The Deputy Registrar was directed to make an enquiry regarding the missing form and ensure compliance with the relevant procedural requirements before the grant could be confirmed.
Court Disposition
Enquiry ordered regarding missing form; confirmation of grant deferred pending compliance.
Orders
- Deputy Registrar to enquire as to the presence of form P&A 30 and why it is not on the court file.
- Confirmation of grant deferred until all procedural requirements are satisfied.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO
Succession Cause 184 of 2007
IN THE MATTER OF THE ESTATE OF THE LATE
JACKSON KIPROTICH TERER ………………………DECEASED
AND
LIZA CHEPNGENO TERER ……………………..1ST PETITIONER
EMMY CHEPKORIR TERER ………….…………2ND PETITIONER
RULING
Application for confirmation of grant of letters intestate
I: Background
1. Jackson Kiprotich Terer passed away on the 17th July, 1999 aged 51 years of age of Pneumonia.
2. A male adult who had two houses. The first being that of Liza Chepngeno Terer with five children of whom one was and may still be a minor. The second house Emmy Chepkorir Terer having only two minor children.
3. The only assets of the deceased so disclosed is land parcel Kericho/Litein/1834 measuring 3. 54 ha.
4. Letters of grant intestate were issued to both of them on the 20th February, 2008 (Koome J). The Kenya Gazette Notice was issued on 22nd June, 2007. This should not have been so issued unless there is a form P&A 30 that is issued by the Principal Registry to confirm that no other grant has been issued to other parties.
5. I accordingly hold that under rules 41(2) of the Probate and administration rules that enquiry be made by the Deputy Registrar as to this form and why it is not on the court file (i.e. form P&A 40).
6. In the event that is on the court file the other documentation are in order. Where there are/minors there must be more than one administrator to the estate to comply with Section 58 of the Law of Succession that deals with the resulting trust.
DATED this 14th day of July, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
J.J. Onyango Advocate from M/S Jamsumbah Onyango & Co. Advocate instructed to hold brief for M/S V.K. Bii & Co. Advocates for the Petitioners/Applicants – present.