[2014] KEHC 4378 (KLR)
The court found that the Petitioner, Leah Chelangat Tirop, obtained the grant of letters of administration by concealing material facts, specifically by failing to disclose all assets of the estate and by excluding members of the second house from the succession process. The allegations made by the Applicant were...
Source-derived case information.
- Citation
- [2014] KEHC 4378 (KLR)
- Parties
- Applicant: Joel Kiprono Kering; Respondent: Leah Chelangat Tirop
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 173 ‘B’ of 2002
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant of letters of administration revoked
- Judges
- JK Sergon
- Legal Topics
- Revocation of Grant, Non Disclosure of Assets, Succession Procedure, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Kiprono Kering
Applicant
Leah Chelangat Tirop
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained by concealment of material facts.
- 2 Whether the Petitioner failed to disclose all assets of the estate.
- 3 Whether members of the second house were excluded from the succession process.
Ratio Decidendi
The court found that the Petitioner, Leah Chelangat Tirop, obtained the grant of letters of administration by concealing material facts, specifically by failing to disclose all assets of the estate and by excluding members of the second house from the succession process. The allegations made by the Applicant were not controverted or responded to by the Petitioner, and the Respondent's advocate admitted to the non-disclosure of assets. The court held that these omissions constituted sufficient grounds for revocation of the grant under Section 76 of the Law of Succession Act. The request to revoke titles issued to a third-party purchaser was denied because the purchaser was not a party to...
Court Disposition
grant of letters of administration revoked
Orders
- The grant of letters of administration made to Leah Chelangat Tirop on 30th June 2004 and confirmed on 12th May 2005 is revoked.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
SUCCESSION CAUSE NO.173 ‘B’ OF 2002
IN THE MATTER OF THE ESTATE OF SAMUEL TIROP KIPROTICH
alias KIPROTICH ARAP TIROP – DECEASED
AND
LEAH CHELANGAT TIROP - PETITIONER/RESPONDENT
VERSUS
JOEL KIPRONO KERING - APPLICANT
R U L I N G
Alice Chepkoskei Tirop took out the summons for revocation of grant dated 3rd July 2012 in which she applied for inter alia to have the grant of letters of administration given to Leah Chelangat Tirop on 30th June 2004 and confirmed on 12th May 2005 revoked. Before the summons could be heard Alice passed away. She was however substituted by Joel Kiprono Kering, hereinafter referred to as the Applicant. Leah Chelangat Tirop the Petitioner/Respondent did not file any response to the summons. When the summons came up for hearing, this court gave directions to have the summons disposed of by affidavit evidence and written submissions. Again, the Applicant is the only party who filed his submissions while Mr. Kirui, the Petitioner’s learned advocate failed to file his despite undertaking to do so.
I have considered grounds set out on the face of the summons and the facts deponed in the supporting affidavit. I have further taken into account the Applicant’s written submissions. The Applicant averred that the Petitioner intentionally failed to disclose the following assets belonging to the Estate:
Kericho/Kipchorian/Lelu/Block 7 (Chepkechei)/24
Kericho/Kipchorian/Lelu/Block 7 (Chepkechei)/613
Kericho/Kiptugumo/255
Kericho/Kiptugumo/234
Kericho/Kiptugumo/308
Kericho/Kapsoit/1015
It is also deponed that the Petitioner has sold the following properties without consulting the other family members:
Kericho/Kipchorian/Lelu/Block 7 (Chepkechei)/24
Kericho/Kipchorian/Lelu/Block 7 (Chepkechei)/613
The Applicant has beseeched this court to revoke the titles issued to Alfred Kiprob Keter. This later request is not available for two reasons:
First, the alleged purchaser i.e. Alfred Kiprob Keter has not been served nor enjoined to these proceedings. Secondly, the purchaser’s title is protected under Section 93 (2) of the Law of Succession Act. The Applicant has further complained that the Petitioner did not disclose to this court members of the 2nd house namely:
Alice Chepkoskei Tirop - Widow
Samuel Kimutai Mursi - Son - Adult
Sally Chepkemoi Kirui - Daughter - married
Joel Kiprono Kering - Son - Adult
Nancy Chepkirui - Daughter - Single
Joyce Chelangat Ksokei - Daughter - Married
Charles Cheruiyot Rotich - Son - Adult
Festo Kiplangat Rotich - Son - Adult
Patrick Kipngetich Rotich - Son - Adult
The serious accusations made by the Applicant have not been countered nor controverted. In fact it is tersely admitted by Mr. Kirui, that the Petitioner did not include in the Petition all assets of the Estate. The second allegation is that the members of the second house were excluded from sharing the Estate. Those allegations are very serious and needed a response from the Petitioner. In short, the Petitioner obtained the grant by concealing material facts. I find the summons for revocation of grant to be well founded. Consequently, the grant of letters of administration made to Leah Chelangat Tirop on 30th June 2004 and confirmed on 12th May 2005 is hereby ordered revoked. Since the dispute involves members of the family members I order that each meets his or her own costs.
Dated, signed and delivered in open court at Kericho this 16th day of May 2014
J. K. SERGON
JUDGE
In the presence of:
- Applicant: present in person
- N/A for Kirui for Petitioner.