[2009] KEHC 116 (KLR)
The court held that since the original administrator and sole heir, Kipkemoi Arap Soi, died before the estate of Langok Tioni was fully administered, it was necessary to appoint a new administrator de bonis non to complete the administration. The unique circumstance that the deceased administrator was also the sole...
Source-derived case information.
- Citation
- [2009] KEHC 116 (KLR)
- Parties
- Applicant: Kipkemoi Arap Soi; Applicant: Kiprono Arap Cheruiyot; Applicant: Kiplongo Arap Chepkowny
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 268 of 2007
- Procedural Posture
- Succession Cause / Ruling on Application for Grant De Bonis Non
- Outcome
- Application granted.
- Legal Topics
- Succession, Grant De Bonis Non, Intestate Estate, Administrator Death, Heirship, Probate Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipkemoi Arap Soi
Applicant
Kiprono Arap Cheruiyot
Applicant
Kiplongo Arap Chepkowny
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Grant De Bonis Non
Legal Issues
- 1 Whether a grant de bonis non should be issued following the death of the sole administrator and heir of the estate.
- 2 How to proceed with administration when the administrator is also the sole heir and has died before completion of the estate.
Ratio Decidendi
The court held that since the original administrator and sole heir, Kipkemoi Arap Soi, died before the estate of Langok Tioni was fully administered, it was necessary to appoint a new administrator de bonis non to complete the administration. The unique circumstance that the deceased administrator was also the sole heir required that, after completion of Langok Tioni's estate, a separate probate process would be necessary for Kipkemoi Arap Soi's estate. The application for grant de bonis non was therefore allowed, appointing Stanley Kipkoech Kirui as administrator to complete the process.
Court Disposition
Application granted.
Orders
- Grant de bonis non issued to Stanley Kipkoech Kirui.
- Separate grant to be done for the estate of Kipkemoi Arap Soi after completion of Langok Tioni's estate.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO Succession Cause 268 of 2007
1. Family Law
2. The Law of Succession Act Cap 160 Laws of Kenya
Subject of application
i) De Bonis non
a) Deceased female adult aged 64 years old on 6th January, 1987.
b) Grant of letters intestate taken out by three nephews
i) Kipkemoi Arap Soi
ii) Kiprono Arap Cheruiyot
iii) Kiplongo Arap Chepkowny
c) Assets Kericho/Kipchimchim/1942 (Title deed 16th June, 1986).
d) Deceased had no children nor spouse
e) Letters granted on 14th November, 2007 (Koome J).
f ) Letters granted
Confirmation on 4th December, 2008 (Ang’awa J)
g) All assets to Kipkemoi Arap Soi absolute
3. Kipkemoi Arap Soi passes away on 15th December, 2008.
4. Application 10th November, 2009 for De Bonis non
5. Held
i) Application granted
ii) Separate grant be done for deceased
iii) Unique position
6. Case Law - Nil
7. Advocate –
Applicants in person
IN THE MATTER OF THE ESTATE OF THE LATE
LANGOK TIONI ………………………………………………… DECEASED
AND
KIPKEMOI ARAP SOI ………………………1ST PETITIONER
KIPRONO ARAP CHERUIYOT …………….2ND PETITIONER/APPLICANT
KIPLONGO A. CHEPKWONY ……………...3RD PETITIONER/APPLICANT
RULING
De Bonis Non
I: Background
1. The late Langok Tioni became the registered proprietor of land parcel Kericho/Kipchimchim/1942 on the 16th June, 1986. A land title certificate was issued to her on 17th June, 1986. The land was 0. 07ha. Unfortunately on the 6th January, 1987 she passed away aged 64 years old at Nyagacho – Matobo, Kericho. She had no children nor spouses, but she was survived by three nephews being
i) Kipkemoi Arap Soi
ii) Kiprono Arap Cheruiyot
and iii) Kiplongo A. Chepkwony
2. The three jointly applied for letters of grant administration intestate on 17th September, 2007. This was granted by this Court, after due formalities were fulfilled on 14th November, 2007 (Koome J). On the 4th December, 2008 almost a year lager the letters of grant were confirmed (Ang’awa J) whereby the assets of L.R. Kericho/Kipchimchim/1942 was given absolute to Kipkemoi Arap Soi the 1st administrator.
II: De Bonis non
3. Unfortunately, on the 15th December, 2008 the said Kipkemoi Arap Soi being the 1st administrator passed away. By an application dated 3rd September, 2009 later withdrew and another of 10th November, 2009 filed, the applicant and son to the said Kipkemoi Arap Soi prayed that he may be permitted to take over the administration of the estate in place of his late father.
4. The application knows as De Bonis non is simply to complete the estate. There are two other administrator who make complete the estate. What is unique in this case is that Kipkemoi Arap Soi is also the heir absolute to the estate. It would mean after the deceased estate of Langok Tioni is complete another probate must be done for Kipkemoi Arap Soi touching on his estate as he now has two position to be dealt with namely an administrator and an heir.
5. The application for De Bonis non is granted to Stanley Kipkoech Kirui.
6. Costs to the Estate.
DATED this 14th day of December, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Applicants in person