[2005] KEHC 2061 (KLR)

[2005] KEHC 2061 (KLR)

The court found that Christine Chumo was lawfully married to the deceased under customary law and had never been divorced. Despite her absence from the matrimonial home for over 20 years and lack of children with the deceased, she remained a widow entitled to a share of the estate. However, there was no evidence that the grant was obtained fraudulently or by concealment of material facts, as Christine's absence was acknowledged and she would have been included had she returned before the petition. The adopted children could not inherit as the adoption was not completed during the deceased's lifetime. The court ordered that Christine be provided for by awarding her a half share of one...

Citation
[2005] KEHC 2061 (KLR)
Parties
Applicant: Hellena Jepkoech Lelei; Respondent: Christine Chumo
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
8 July 2005
Case Number
? 194 of 2000
Procedural Posture
Probate and Administration Cause / Judgment
Outcome
Grant not revoked; varied to provide for Christine Chumo.
Judges
JW Gacheche
Legal Topics
Succession, Distribution of Estate, Customary Marriage, Revocation of Grant
Source Language
English
Family and Children Civil Procedure Succession Distribution of Estate Customary Marriage Revocation of Grant

Case Brief

Summary, issues, holding and outcome

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Parties

Hellena Jepkoech Lelei

Applicant

Christine Chumo

Respondent

Procedural Posture

Probate and Administration Cause / Judgment

Legal Issues

  1. 1 Whether Christine Chumo was a lawful wife of the deceased and entitled to a share of the estate.
  2. 2 Whether the grant of letters of administration was obtained fraudulently by concealment of material facts.
  3. 3 Whether the adopted children of Christine Chumo are entitled to inherit from the estate.

Ratio Decidendi

The court found that Christine Chumo was lawfully married to the deceased under customary law and had never been divorced. Despite her absence from the matrimonial home for over 20 years and lack of children with the deceased, she remained a widow entitled to a share of the estate. However, there was no evidence that the grant was obtained fraudulently or by concealment of material facts, as Christine's absence was acknowledged and she would have been included had she returned before the petition. The adopted children could not inherit as the adoption was not completed during the deceased's lifetime. The court ordered that Christine be provided for by awarding her a half share of one...

Court Disposition

Grant not revoked; varied to provide for Christine Chumo.

Orders

  • Christine Chumo is entitled to a half share of Kapsaret/Kapsaret/Block/Mararma/26.
  • Hellena Jepkoech Lelei is entitled to the other half of Kapsaret/Kapsaret/Block/Mararma/26, Kapsaret/Kapsaret Block/Mararma/10, business and Plot No. 28 Race Course, Eldoret Municipality, Plot No. B Shauri Yako Estate survey PDP/ELD17/01/16A Site B, motor vehicle registration number KVT 081, and funds in the account...