[2014] KEHC 4326 (KLR)
The court found that the Protestor, Paulina Chemutai Chirchir, had complied with its previous order by filing a further affidavit listing the beneficiaries and providing a schedule of distribution. There being no objection or contest from the Petitioners, the court was satisfied that the requirements for...
Source-derived case information.
- Citation
- [2014] KEHC 4326 (KLR)
- Parties
- Applicant: Kipyegon Arap Sang; Applicant: Maria Tapsanga Chirchir; Respondent: Paulina Chemutai Chirchir
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 137 of 2007
- Procedural Posture
- Succession Cause / Confirmation of Grant
- Outcome
- grant confirmed; estate to be distributed as per schedule in Protestor's affidavit
- Legal Topics
- Succession, Confirmation of Grant, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipyegon Arap Sang
Applicant
Maria Tapsanga Chirchir
Applicant
Paulina Chemutai Chirchir
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant
Legal Issues
- 1 Whether the Protestor complied with the court's order to file a further affidavit listing beneficiaries and a schedule of distribution.
- 2 Whether the grant should be confirmed and distribution ordered as per the schedule provided.
Ratio Decidendi
The court found that the Protestor, Paulina Chemutai Chirchir, had complied with its previous order by filing a further affidavit listing the beneficiaries and providing a schedule of distribution. There being no objection or contest from the Petitioners, the court was satisfied that the requirements for confirmation of grant under the Law of Succession Act had been met. Accordingly, the grant was confirmed and the estate was ordered to be distributed in accordance with the schedule provided in the Protestor's affidavit sworn on 16th June 2014.
Court Disposition
grant confirmed; estate to be distributed as per schedule in Protestor's affidavit
Orders
- The grant is confirmed.
- Distribution of the estate shall be done according to the schedule of distribution in paragraph 3 of the Further Affidavit of Paulina Chemutai Chirchir sworn 16th June 2014.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE NO. 137 OF 2007
IN THE MATTER OF THE ESTATE OF THE LATE KIPSANG ARAP CHIRCHIR (DECEASED)
KIPYEGON ARAP SANG......................................................1ST PETITIONER
MARIA TAPSANGA CHIRCHIR.............................................2ND PETITIONER
AND
PAULINA CHEMUTAI CHIRCHIR.................................................PROTESTOR
RULING
This court issued an order on 30/5/2014 directing the Protestor to file within 14 days a Further Affidavit stating the names of the beneficiaries of the Estate of Kipsang Chirchir, deceased together with a schedule of distribution. The Protestor i.e Paulina Chemutai Chirchir filed the aforesaid further affidavit on 16th June 2014. I am satisfied the same is in line with this court's order. Consequently, the grant is confirmed and distribution should be done according to the schedule of distribution given in paragraph 3 of the Further Affidavit of Paulina Chemutai Chirchir sworn 16th June 2014.
Dated, Signed and delivered in open court this 26th day of June, 2014.
...................
J.K.SERGON
JUDGE
In the presence of:
In person for Petitioners
Mr. Mutai for Protestor