[2009] KEHC 221 (KLR)

[2009] KEHC 221 (KLR)

The court found that, in the absence of any opposition or evidence to the contrary, the applicant's proposal for distribution of Plot No. 71 Livyo Scheme was reasonable and in line with the interests of the beneficiaries. The court confirmed the grant and ordered the property to be divided equally between the two...

Source-derived case information.

Citation
[2009] KEHC 221 (KLR)
Parties
Applicant: Tecla Cheruto; Applicant: Peter Kipchumba
Court
High Court
Court Station
High Court at Kitale
Jurisdiction
Kenya
Judgment Date
12 November 2009
Case Number
Probate & Administration 35 of 2007
Procedural Posture
Probate and Administration / Ruling on Summons for Confirmation of Grant
Outcome
Grant confirmed and property distributed as proposed by applicant.
Judges
CA Ombija
Legal Topics
Succession, Confirmation of Grant, Distribution of Estate
Source Language
english
Family and Children Succession Confirmation of Grant Distribution of Estate

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Parties

Tecla Cheruto

Applicant

Peter Kipchumba

Applicant

Procedural Posture

Probate and Administration / Ruling on Summons for Confirmation of Grant

Legal Issues

  1. 1 Whether the grant of probate of letters of administration intestate or with will annexed made to Tecla Cheruto should be confirmed.
  2. 2 How Plot No. 71 Livyo Scheme should be distributed among the beneficiaries.

Ratio Decidendi

The court found that, in the absence of any opposition or evidence to the contrary, the applicant's proposal for distribution of Plot No. 71 Livyo Scheme was reasonable and in line with the interests of the beneficiaries. The court confirmed the grant and ordered the property to be divided equally between the two petitioners, each holding 2.5 acres in trust for their respective houses.

Court Disposition

Grant confirmed and property distributed as proposed by applicant.

Orders

  • First petitioner granted 2.5 acres out of Plot No. 71 Livyo Scheme to hold in trust for the first house.
  • Second petitioner granted 2.5 acres out of Plot No. 71 Livyo Scheme to hold in trust for the second house.