[2017] KEELC 2492 (KLR)
The court found that the grant and certificate of confirmation relied upon by the plaintiff do not pertain to the estate of Toroitich Kiptai but to Joseph Kirwa Sambu. Furthermore, the grant was not issued to the plaintiff, and the authenticity of the documents is questionable, including the fact that the judge...
Source-derived case information.
- Citation
- [2017] KEELC 2492 (KLR)
- Parties
- Plaintiff: Mark Kiptanui Arap Toroitich; Defendant: David Kipchumba Kiptai; Defendant: George Kiprotich Kiptai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 142 of 2017
- Procedural Posture
- Preliminary Objection / Ruling on Preliminary Objection
- Outcome
- Matter put in abeyance and referred for investigation.
- Judges
- MAO Odeny
- Legal Topics
- Succession Disputes, Estate Administration, Grant Confirmation Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mark Kiptanui Arap Toroitich
Plaintiff
David Kipchumba Kiptai
Defendant
George Kiprotich Kiptai
Defendant
Procedural Posture
Preliminary Objection / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the succession cause and grant relied upon pertain to the correct estate and parties.
- 2 Whether the grants attached are authentic and valid for the purposes of this suit.
- 3 Whether the matter should proceed in light of questionable documentation.
Ratio Decidendi
The court found that the grant and certificate of confirmation relied upon by the plaintiff do not pertain to the estate of Toroitich Kiptai but to Joseph Kirwa Sambu. Furthermore, the grant was not issued to the plaintiff, and the authenticity of the documents is questionable, including the fact that the judge purported to have signed the grant was not appointed at the relevant time. In light of these irregularities, the court determined that the matter cannot proceed on the basis of potentially fraudulent or mistaken documentation. The court ordered that the matter be referred to investigative agencies and placed in abeyance pending the outcome of investigations.
Court Disposition
Matter put in abeyance and referred for investigation.
Orders
- The Deputy Registrar to refer the matter to the relevant agencies for investigation.
- The two files to be kept in the strong room.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT ELDORET
E&L 142 OF 2017
MARK KIPTANUI ARAP TOROITICH.....................................PLAINTIFF
VERSUS
DAVID KIPCHUMBA KIPTAI.........................................1ST DEFENDANT
GEORGE KIPROTICH KIPTAI.......................................2ND DEFENDANT
RULING
This matter was reserved for ruling of a Preliminary Objection on 12. 7.2017. However after Succession Cause No. 104/2004 was availed, I realize that the cause is in respect of the Estate of Joseph Kirwa Sambu and not Toroitich Kiptai as per the Certificate of Confirmation of grant attached.
The grant in that succession cause 106/2004 was issued to Jackson Kipkerich Sambu and Millicent Jepkemboi and not Mark Kiptanui Arap Toroitich.
The dates when the purported grants were signed are also questionable as Justice Kimondo had not been appointed a judge by then and was not in Eldoret Station.
I therefore order that the Deputy Registrar refers the matter to the relevant agencies to investigate this matter.
The two files to be kept in the strong room. This matter is put in abeyance pending the outcome.
Dated and delivered at Eldoret on this 27th day of June, 2017.
M.A ODENY
JUDGE