[2009] KEHC 3151 (KLR)
The court found that the respondent, as an administrator, had no valid reason to refuse execution of the documents necessary for the registration and distribution of the deceased's estate, especially since the grant had already been confirmed and the respondent's share had been adequately provided for. The...
Source-derived case information.
- Citation
- [2009] KEHC 3151 (KLR)
- Parties
- Applicant: Mary Rongoei Kosorio; Applicant: Chemoso Kisorio; Respondent: Joel Rotich
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 160 of 1991
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Execution of Documents and Distribution of Estate
- Outcome
- application allowed
- Judges
- JL Osiemo
- Legal Topics
- Probate and Administration, Grant Confirmation, Estate Distribution, Administrator Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Rongoei Kosorio
Applicant
Chemoso Kisorio
Applicant
Joel Rotich
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Execution of Documents and Distribution of Estate
Legal Issues
- 1 Whether the court should authorize the Deputy Registrar to execute documents required for registration and distribution of the deceased's estate on behalf of a non-cooperating administrator.
- 2 Whether the respondent's refusal to execute documents justifies court intervention to facilitate estate distribution.
Ratio Decidendi
The court found that the respondent, as an administrator, had no valid reason to refuse execution of the documents necessary for the registration and distribution of the deceased's estate, especially since the grant had already been confirmed and the respondent's share had been adequately provided for. The respondent's actions were obstructing the fair and lawful distribution of the estate. In the interests of justice and to prevent further delay, the court exercised its discretion under the Probate and Administration Rules to authorize the Deputy Registrar to execute all necessary documents on behalf of the respondent, thereby enabling the applicants to access and register their...
Court Disposition
application allowed
Orders
- The Deputy Registrar is authorized to execute all forms and documents required to facilitate the registration of the deceased's property in the names of the administrators and to facilitate the distribution of the estate on behalf of the respondent.
- The applicants are awarded costs of the application.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET
Succession Cause 160 of 1991
IN THE MATTER OF THE ESTATE OF KISORIO KIBILIACHA (DECEASED)
MARY RONGOEI KOSORIO ………...……………. 1ST APPLICANT
CHEMOSO KISORIO ………………..…………….. 2ND APPLICANT
VERSUS
JOEL ROTICH ………………………….……………. RESPONDENT
RULING
Before me is an application by way of Chamber Summons dated 25th November, 2008 and expressed to be brought under Rule 49 and 73 Probate and Administration Rules for Orders that this Honourable Court be pleased to authorize the Deputy Registrar to execute all such forms and documents as required in order to facilitate the registration of the property of the deceased in the names of the Administrators to the estate and further in order to facilitate the distribution of the said estate on behalf of the Respondent. The Applicants also seek costs of the application.
The application is based on the grounds that the Respondent who is one of Administrators has adamantly refused to execute the necessary documents required to facilitate the registration of the deceased property in the name of the Administrators; that the actions of the Respondent have made it impossible to distribute the estate of the deceased despite the Grant having been confirmed on 26th September, 2002; that the Applicants herein as a consequence been unable to effect registration for their land parcels in their name and that in addition to his refusal to execute the said forms and other documents the Respondent has also resorted to restraining the Applicants from accessing and making use of the said land.
The application is also supported by an affidavit sworn by the Applicants. The facts which gave rise to this litigations briefly may be stated. The deceased Kisorio Kibiliacha died on 28th August, 1991. He was survived by the following dependants:-
1. Mary Rongoei Kisorio
2. Joel Rotich
3. Chemoso Kisorio
4. Jane Jepkosgei
The Respondent applied for Letters of Administration.
The shares to the estate were identified and the mode of distribution was as follows:-
Mary Rongoei Kisorio - 2 acres
Joel Rotich - 10 acres
Chemoso Kisorio - 2 acres
Jane Jepkosgei - 10 acres
The Grant was confirmed accordingly. The respondent was served but did not appear to defend the application. Mr. Birech Learned Counsel appearing for the Applicants submitted that the Grant having been confirmed and the Respondent having been sufficiently catered for he has no reason why he is delaying the execution process.
Having considered the application in light of the affidavit evidence on record and submissions by Counsel for the Applicants I am satisfied that the distribution of the deceased’s estate was fair and the Respondent has no good reason why he should restrain the Applicants from accessing and making use of their portions of land.
Accordingly, I allow the application in terms of prayer 1 and 2 of the Chamber Summons dated 25th November, 2008.
DATED AT ELDORET THIS 13TH DAY OF JULY, 2009.
J. L. A. OSIEMO
JUDGE
In the presence of:-