[2011] KEHC 2359 (KLR)
The court found that the succession cause had been finalized and the estate distributed by a judgment that was not appealed. The respondent's refusal to sign the necessary documents for transfer of the estate was not justified by her concerns over division of rent, as such monetary issues can be addressed separately...
Source-derived case information.
- Citation
- [2011] KEHC 2359 (KLR)
- Parties
- Petitioner: Josephine Ruto Chebet; Respondent: Alice Chepngeno Ruto
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 88 of 2002
- Procedural Posture
- Succession Cause / Post Judgment Application for Implementation of Judgment
- Outcome
- Application allowed. Deputy Registrar authorized to sign documents to effect distribution of estate as per judgment.
- Legal Topics
- Administration of Estates, Confirmation of Grant, Distribution of Estate, Implementation of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephine Ruto Chebet
Petitioner
Alice Chepngeno Ruto
Respondent
Procedural Posture
Succession Cause / Post Judgment Application for Implementation of Judgment
Legal Issues
- 1 Whether the Deputy Registrar should be authorized to sign documents to effect the distribution of the estate as per the confirmed grant.
- 2 Whether the respondent's refusal to sign necessary documents is justified by issues concerning division of rent collected.
Ratio Decidendi
The court found that the succession cause had been finalized and the estate distributed by a judgment that was not appealed. The respondent's refusal to sign the necessary documents for transfer of the estate was not justified by her concerns over division of rent, as such monetary issues can be addressed separately and do not constitute a valid ground to delay or frustrate the implementation of the court's judgment. Therefore, to give effect to the judgment and ensure the parties receive their respective shares, the court authorized the Deputy Registrar to sign all necessary documents and instruments to transfer the specified acreage to each party as per the confirmed grant.
Court Disposition
Application allowed. Deputy Registrar authorized to sign documents to effect distribution of estate as per judgment.
Orders
- The Deputy Registrar of the High Court at Kericho is authorized to sign all necessary documents and/or instruments to give effect to the judgment dated 19th October 2009.
- 17 acres of land comprised in title No Kericho/Silibwet/663 to be transferred to Alice Chepngeno Ruto.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE NO. 88 OF 2002
IN THE MATTER OF ESTATE OF DOUGLAS KIPSIRNGOT RUTO - DECEASED
AND
JOSEPHINE RUTO CHEBET..........................................................................................PETITIONER
VERSUS
ALICE CHEPNGENO RUTO........................................................................................RESPONDENT
RULING
This is a Ruling on the application dated 30th November 2010 in which the objector/Applicant, ALICE CHEPNGENO RUTO, seeks an order that the Deputy Registrar of this Court be authorized to sign the necessary documents to enable the parties herein to get their respective shares in the estate of the late Douglas Kipsirngot Ruto. The application is supported by the applicant’s affidavit sworn on 30/12/2010. Although the Respondent/Petitioner did file on 20th January 2011 a replying affidavit in answer to the application, she did not turn up for the hearing of the application on 15/3/2011. Nevertheless I have perused her affidavit and considered it in my decision in this ruling along with the submissions made by Mrs. A. C. Bett, learned Counsel for the Applicant.
The succession cause herein has been heard and finalized. Judgment was delivered by the Hon. Mr. Justice L. Kimaru on the 19th day of October 2009 in which the estate of the late Douglas Kipsirngot Ruto was distributed in the manner therein stated and as set out more particularly in the Certificate of Confirmation of the Grant dated 19/10/2009. No appeal was filed against the said judgment. The judgment of the court has not however been implemented because the Respondent/Petitioner has failed to sign the necessary papers. I have considered the submissions made by Advocate Mrs. A. C. Bett and I have discerned from the replying affidavit of the Respondent/Petitioner that she has raised issues concerning division of rent collected but these cannot constitute a good ground for refusing to sign the necessary documents to give effect to the judgment as cash can always be brought into hotchpot during payment.
In the result, I find merit in the application and I allow it. I order that the Deputy Registrar of this Court is hereby authorized to sign the necessary documents and/or instruments to give effect to the judgment of this court dated 19th October 2009 so that 17 acres of the land comprised in the title No Kericho/Silibwet/663 is transferred to the applicant, ALICE CHEPNGENO RUTTO, and 6. 2 acres comprised in title No Kericho/Silibwet/66 is transferred to the Respondent, Josephine Chebet Ruto. It is so ordered. Each party shall bear its own costs.
DATEDat KERICHO this 23rd day of March, 2011
G.B.M KARIUKI, SC
RESIDENT JUDGE
COUNSEL APPEARING
Mrs. A.C. Bett, Advocate, for the Applicant
Mrs. C.K. Korir, Advocate, for the Respondent
Mr. R. Koech, Court clerk