[2025] KEHC 8508 (KLR)

[2025] KEHC 8508 (KLR)

The court found that the applicant had established sufficient grounds for the grant of leave to file the intended petition for letters of administration, as the citees had not taken steps to administer the estate and did not oppose the application. The citation was therefore allowed, and the applicant was granted...

Source-derived case information.

Citation
[2025] KEHC 8508 (KLR)
Parties
Applicant: Mary Chepkemoi Kimeto; Respondent: Alice Kimeto; Respondent: Patrick Langat; Respondent: Gilbert Langat; Respondent: Leonard Langat
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Judgment Date
12 March 2025
Case Number
Civil Case 1 of 2021
Procedural Posture
Civil Case / Ruling on Citation and Leave to File Petition
Outcome
Citation allowed; leave granted to applicant to file petition within 90 days; matter marked as closed.
Judges
JK Ng'arng'ar
Legal Topics
Citation Proceedings, Leave to File Petition, Probate and Administration
Source Language
english
Family and Children Citation Proceedings Leave to File Petition Probate and Administration

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mary Chepkemoi Kimeto

Applicant

Alice Kimeto

Respondent

Patrick Langat

Respondent

Gilbert Langat

Respondent

Leonard Langat

Respondent

Procedural Posture

Civil Case / Ruling on Citation and Leave to File Petition

Legal Issues

  1. 1 Whether the applicant should be granted leave to file the intended petition for letters of administration.
  2. 2 Whether the citation should be allowed against the citees.

Ratio Decidendi

The court found that the applicant had established sufficient grounds for the grant of leave to file the intended petition for letters of administration, as the citees had not taken steps to administer the estate and did not oppose the application. The citation was therefore allowed, and the applicant was granted leave to file the petition within 90 days, failing which the leave would lapse. The matter was marked as closed upon the grant of leave.

Court Disposition

Citation allowed; leave granted to applicant to file petition within 90 days; matter marked as closed.

Orders

  • The applicant is granted leave to file the intended petition for letters of administration within 90 days from the date of the ruling, failing which the leave lapses.
  • The citation is allowed.