[2007] KEHC 2065 (KLR)
The court found that the applicants had established a prima facie case as beneficiaries who were excluded from the grant of letters of administration. The respondents did not challenge the applicants' averments, and evidence was presented showing that part of the estate was being sold. To prevent further dissipation...
Source-derived case information.
- Citation
- [2007] KEHC 2065 (KLR)
- Parties
- Respondent: Lawrence Korir Cherono & 2 Others; Applicant: Sabilina Kosgei & Another
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 39 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction
- Outcome
- application allowed
- Judges
- K Bauni
- Legal Topics
- Succession Proceedings, Injunctive Relief, Preservation of Estate, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawrence Korir Cherono & 2 Others
Respondent
Sabilina Kosgei & Another
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicants, as beneficiaries, were excluded from the grant of letters of administration.
- 2 Whether a temporary injunction should issue to preserve the estate pending determination of the application for annulment of grant.
Ratio Decidendi
The court found that the applicants had established a prima facie case as beneficiaries who were excluded from the grant of letters of administration. The respondents did not challenge the applicants' averments, and evidence was presented showing that part of the estate was being sold. To prevent further dissipation of the estate and to preserve the subject matter pending the hearing of the application for revocation of grant, the court granted a temporary injunction restraining the respondents from selling, transferring, constructing, developing, or otherwise interfering with the specified land parcels until the application is heard and determined.
Court Disposition
application allowed
Orders
- Respondents are restrained by an injunctive order from selling, transferring, constructing, developing, or in any way interfering with land parcels IRONG/SERGOIT/450 and 387 until the application for revocation of grant is heard and determined.
- Costs in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Misc Prob & Admin 39 of 2007
IN THE MATTER OF THE ESTATE OF THE LATE CHERONO MULWA
THROUGH
LAWRENCE KORIR CHERONO & 2 OTHERS.............PETITIONERS
AND
SABILINA KOSGEI & ANOTHER:...........OBJECTORS/APPLICANTS
R U L I N G
The applicants application seeks for temporary injunction to issue against the respondents restraining them, their agents and/or servants from selling, transferring construction or developing or interfering with land Parcels No. IRONG/SERGOIT/450 and 387pending the hearing and determination of this application for annulment of grant.
It was deponed and submitted that applicants are beneficiaries of the Estate of the late CHERONO MULWA. The respondents however obtained Letters of Administration without disclosing that there were other beneficiaries. The grant was confirmed and the respondent were selling the land, assets of the Estate.
The respondents were served with the application but did not file any papers opposing the same. Hearing proceeded exparte.
I have amended the application, submissions and the affidavits. The applicant claim to be heirs of the deceased’s estate but they were left out when the respondents applied for grant. This averment has not been challenged. A sale agreement between one of the respondent and a 3rd party was annexed showing that part of the land is being sold. I therefore feel that there is need to preserve the Estate until the application for revocation is heard and determined.
In the circumstances I allow the application as prayed. The respondents are hereby restrained by an injective order for selling transferring or in any way transferring with the two pieces of land until application is heard.
Costs in the cause.
Dated and Delivered at Eldoret on 9th March 2007.
KABURU BAUNI
JUDGE
C.C.
C/C - David
Mrs. Kittony for applicant