[2014] KEHC 6492 (KLR)
The court found that both the Citor and the Citees, being children of the deceased and with both widows deceased, rank equally in priority to apply for a grant of letters of administration. There was no dispute as to willingness to apply, as the Citees had expressed readiness to do so. Therefore, the citation...
Source-derived case information.
- Citation
- [2014] KEHC 6492 (KLR)
- Parties
- Applicant: Sally Chebet Malel; Respondent: Stephen Chamon Towett; Respondent: Philip Barusei
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Citation Cause 32 of 2012
- Procedural Posture
- Citation Cause / Ruling
- Outcome
- citation struck out; each party to bear own costs
- Legal Topics
- Probate and Administration, Letters of Administration, Priority of Application, Citation Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sally Chebet Malel
Applicant
Stephen Chamon Towett
Respondent
Philip Barusei
Respondent
Procedural Posture
Citation Cause / Ruling
Legal Issues
- 1 Whether the Citor was entitled to take out citation proceedings for grant of letters of administration in respect of the deceased's estate.
- 2 Whether the Citor and Citees rank equally in priority to apply for grant of letters of administration.
- 3 Whether the citation proceedings were appropriate in the circumstances.
Ratio Decidendi
The court found that both the Citor and the Citees, being children of the deceased and with both widows deceased, rank equally in priority to apply for a grant of letters of administration. There was no dispute as to willingness to apply, as the Citees had expressed readiness to do so. Therefore, the citation proceedings were unnecessary and inappropriate. The proper course was for any of the children to apply for the grant and notify the others, rather than resorting to citation. The citation was accordingly struck out, and each party was ordered to bear their own costs given the familial relationship.
Court Disposition
citation struck out; each party to bear own costs
Orders
- The citation proceedings are struck out.
- Each party shall bear his or her own costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CITATION CAUSE NO.32 OF 2012
IN THE MATTER OF THE ESTATE OF KIPTOO ARAP MALULCHI ALIAS KIPTOO ARAP MALUNJI- DECEASED
SALLY CHEBET MALEL................................................CITOR
VERSUS
STEPHEN CHAMON TOWETT & 13 OTHERS.............CITEES
RULING
Sally Chebet Malel,the Citor herein, took out citation proceedings in which she cited Stephen Chamon Towett and his 13 siblings. The Citor invited the Citees to indicate whether or not they were willing to apply for a grant of Letters of Administration in respect of the estate of Kiptoo Arap Malulchi alias Kiptoo Arap Malunji, deceased.
When served, the Citees filed the replying affidavit of Philip Barusei and expressed their willingness to apply for the aforesaid letters of administration. They argued that the Citor was not entitled to make such an application because she had already been sufficiently provided for by the deceased intervivos hence she no longer has interest. I have considered the material placed before me. It is not disputed that the Citor and the Citees are all children of the deceased. The deceased was married to two wives namely: Tabsabei Malulchi and Rebecca Malulchi. Both widows are dead. The Citor and the Citees all rank equally on priority to apply. Either of them is entitled to apply. There was therefore no need to take out these citation proceedings. What the parties needed to do is to simply apply for the grant and notify the others. I find the citation proceedings to be inappropriate. The citation is ordered struck out. Since the dispute involves siblings, I direct that each one meets his or her own costs.
Dated, Signed and delivered in open court this 14th day of March, 2014.
…................
J.K.SERGON
JUDGE
In the presence of:
Mr. Langat holding brief for Mr. Wambenyi for Citor
N/A for Mr. Koske for Citees