[2012] KEHC 997 (KLR)
The court found that the applicant, as the duly appointed administrator, is entitled to implement the confirmed grant and distribute the estate property as ordered. The respondent, being a beneficiary, has no right to interfere with the lawful process of sub-division and survey. Although the application was brought...
Source-derived case information.
- Citation
- [2012] KEHC 997 (KLR)
- Parties
- Applicant: Susan Chemaiyo Chepngom; Respondent: Sammy Kiprono Koech
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 97 of 2011
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons for Restraining Orders and Police Escort During Sub Division
- Outcome
- application allowed
- Legal Topics
- Administration of Estates, Confirmation of Grant, Beneficiary Disputes, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Chemaiyo Chepngom
Applicant
Sammy Kiprono Koech
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons for Restraining Orders and Police Escort During Sub Division
Legal Issues
- 1 Whether the respondent should be restrained from interfering with the sub-division and survey of the estate property.
- 2 Whether the applicant is entitled to police protection during the sub-division process.
Ratio Decidendi
The court found that the applicant, as the duly appointed administrator, is entitled to implement the confirmed grant and distribute the estate property as ordered. The respondent, being a beneficiary, has no right to interfere with the lawful process of sub-division and survey. Although the application was brought under incorrect legal provisions, the court exercised its discretion to allow the application in the interests of justice, noting the applicant's lay status and the need to facilitate the administration of the estate. The court further held that provision of police security is justified to ensure the process is carried out without obstruction, with costs of the escort to be...
Court Disposition
application allowed
Orders
- The respondent, Sammy Kiprono Koech, is restrained from interfering with the process of sub-division and survey of the parcel known as MOGOBICH/CHEPTILILIK/BLOCK 1/86.
- The Officer in Charge of Police at the nearest police station is to provide the surveyor with security during the survey and sub-division exercise.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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IN THE MATTER OF THE ESTATE OF ANDREA SONGORO CHEPNGOM (DECEASED)
AND
SUSAN CHEMAIYO CHEPNGOM.....................................................APPLICANT
VERSUS
SAMMY KIPRONO KOECH........................................................RESPONDENT
RULING:
The Application is brought by way of Chamber Summons under Rule 43 (1) and (3) of the Law of Succession and under Order 44 rule (2) (A) of the Civil Procedure Rules and Section 80 of the Civil Procedure Act.
The Applicant is the administrator of the Estate of Andrea Songoro Chepngom.
The Applicant is acting in person and seeks orders for states quo and orders to restrain any party or persons from interfering with the surveyors duties during the process of sub-division.
The Applicant relies on her Supporting Affidavit where she has deponed that she is the Administrator of the Estate.
That a Certificate of Confirmation was issued by the court and is annexed to the Application and is dated the 20th February, 2012.
The property known as MOGOBICH/CHEPTILILIK/BLOCK 1/86 forming part of the Estate has been apportioned and divided into three (3) portions.
The Applicant stated during the hearing of the Application that she was having problems with one of the beneficiaries, namely SAMMY KIPRONO KOECH who is a grandson of the deceased ANDREA SONGORO CHEPNGOM, who was interfering with the process of sub-division.
The Applicant prayed that the District Commissioner be ordered to provide security when the surveyor visits the property.
The court has had occasion to peruse the Application in particular the provisions of the law under which this application is brought.
The court will give the Applicant the benefit of doubt as she is a lay person, and proceed to determine the matter regardless of the fact that the Application is brought under the wrong provisions of the Law of Succession Act (Cap 160). The order cited of the Civil Procedure Rules and the Section cited of the Civil Procedure Act are also wrong.
Nevertheless, in the interests of justice, this court will allow the application as the Applicant is just seeking the courts assistance in having the property distributed as set out in the Certificate of Confirmation and has encountered resistance from one of the beneficiaries.
The application is hereby allowed and the court orders that;
1)The 3rd Beneficiary SAMMY KIPRONO KOECHis hereby restrained from interfering with the process of sub-division and survey of the parcel known as MOGOBICH/CHEPTILILIK/BLOCK 1/86.
2)The Officer in Charge of Police at the nearest police station to provide the surveyor with security during the survey and sub-division exercise.
3)The Applicant shall meet the costs of the police escort.
It is so ordered.
Dated and Delivered at Eldoret this 22nd day of October 2012.
A.MSHILA
JUDGE
CORAM:
Before: Hon. A Mshila J
CC: Andrew
Counsel for the Applicant: No appearance.
Counsel for the Respondent: No appearance
A.MSHILA
JUDGE