[2017] KEHC 387 (KLR)
The court found, based on the DCIO's investigative report, that there was illegality and fraud in the transfer of the deceased's estate land by the petitioner and the Land Registrar Bomet. The report confirmed that the succession causes were distinct and that the actions taken in transferring the land were not...
Source-derived case information.
- Citation
- [2017] KEHC 387 (KLR)
- Parties
- Petitioner: Jeremiah Kipkoech Kirui; Objector: Philemon Rono; Objector: Philliph Kiplangat Koech
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 41 of 2016
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons Application
- Outcome
- Orders granted in terms of prayers 3, 4, 5, and 6 of the application; costs to the applicants.
- Judges
- GO Shikwe
- Legal Topics
- Succession Proceedings, Fraudulent Transfer of Land, Confirmation of Grant, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Kipkoech Kirui
Petitioner
Philemon Rono
Objector
Philliph Kiplangat Koech
Objector
Procedural Posture
Succession Cause / Ruling on Chamber Summons Application
Legal Issues
- 1 Whether there was illegality and fraud in the transfer of the deceased's estate land by the petitioner and the Land Registrar Bomet.
- 2 Whether the orders sought by the objectors in the chamber summons application should be granted.
Ratio Decidendi
The court found, based on the DCIO's investigative report, that there was illegality and fraud in the transfer of the deceased's estate land by the petitioner and the Land Registrar Bomet. The report confirmed that the succession causes were distinct and that the actions taken in transferring the land were not supported by proper legal process. Consequently, the court was satisfied that the objectors' application had merit and granted the orders sought in prayers 3, 4, 5, and 6 of the chamber summons, with costs to the applicants.
Court Disposition
Orders granted in terms of prayers 3, 4, 5, and 6 of the application; costs to the applicants.
Orders
- Orders granted as per prayers 3, 4, 5, and 6 of the chamber summons application.
- Costs awarded to the applicants.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
SUCCESSION CAUSE NO. 41 OF 2016
JEREMIAH KIPKOECH KIRUI......................PETITIONER
-VERSUS-
PHILEMON RONO...........................................OBJECTOR
PHILLIPH KIPLANGAT KOECH.....................OBJECTOR
RULING
On the 22nd day of February 2017 this court rendered a ruling in respect of a chamber summons application dated 17th March 2016 and directed that the Directorate of Criminal Investigation’s Bomet do carry out investigations in terms of prayer 8 of the application which was to the effect that pending the interparties hearing and determination the Director carry out investigations into the circumstances under which the Deceased Estate land was transferred from the Deceased’s estate to the Administrator Jeremiah Kipkoech Kirui and consequently to the interested parties.
On the 27th March 2017 Senior Superintendent of Police Mr. Chacha Okwach the DCIO Bomet did present his report dated 25th February, 2017.
His findings were that:-
1. Succession cause No. 9 of 2014 was filed in Kericho in relation to the Estate of Patrick Kalya Tonui and a certificate of confirmation was issued to Christopher Kalya Tonui and Angelina Cherono Soi.
2. That Succession Cause No. 41 of 2016 was filed in Bomet but was initially filed in Kericho as Succession Cause No 95 of 2008.
3. That Succession Cause No.9 of 2014 was different from Succession Cause No. 41 of 2016 which is still pending hearing and determination.
This report goes a long way to buttress the contention by the objector/applicants in this chamber summons application.
It goes to confirm that there was an illegality and fraud in the part of the petitioner and the Land Registrar Bomet.
The court is satisfied the orders sought are merited and I grant same in terms of prayers 3, 4, 5, 6 of the application. Costs to the applicants.
Ruling delivered dated and signed this 11th day of May 2017 in open court and in the presence of learned counsel for the objectors Mrs. Kirui holding brief Koske.
Learned counsel for petitioner Koech absent
1st 3rd 4th 5th Respondents are acting – No appearance.
Court Assistant –Rotich.
M. MUYA
JUDGE
12/5/2017