[2006] KEHC 422 (KLR)

[2006] KEHC 422 (KLR)

The court found that Marcella Jebitok Ruto had established, on a balance of probabilities, that she contributed to the purchase of the 52 acre Chesunet Farm and was entitled to a 17.6 acre portion. The court rejected the argument that a married woman cannot inherit from her father, affirming her right to a share of the estate. The court relied on the farm registers, corroborating testimony, and the lack of effective eviction by the deceased to support Marcella's claim. In the interest of justice, the court ordered that both siblings be joint administrators of the estate, with Marcella to be registered as sole proprietor of the 17.6 acres in Chesunet Farm and Murei as proprietor of the 2...

Citation
[2006] KEHC 422 (KLR)
Parties
Plaintiff: Sylvester Murei; Defendant: Marcella Jebitok Ruto
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
22 November 2006
Case Number
Miscellaneous Succession Cause 54 of 2004
Procedural Posture
Succession Cause / Judgment
Outcome
Plaintiff and defendant to be joint administrators; estate distributed as per judgment.
Legal Topics
Inheritance Rights, Distribution of Estate, Joint Administration, Female Heirs, Land Allocation
Source Language
English
Family and Children Land and Property Inheritance Rights Distribution of Estate Joint Administration Female Heirs Land Allocation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sylvester Murei

Plaintiff

Marcella Jebitok Ruto

Defendant

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether Marcella Jebitok Ruto, as a married woman, is entitled to inherit from her late father Kipleting Kisorio's estate.
  2. 2 Whether Marcella contributed to the purchase of the Chesunet Farm and is entitled to a portion thereof.
  3. 3 How the estate of Kipleting Kisorio should be distributed among the heirs.

Ratio Decidendi

The court found that Marcella Jebitok Ruto had established, on a balance of probabilities, that she contributed to the purchase of the 52 acre Chesunet Farm and was entitled to a 17.6 acre portion. The court rejected the argument that a married woman cannot inherit from her father, affirming her right to a share of the estate. The court relied on the farm registers, corroborating testimony, and the lack of effective eviction by the deceased to support Marcella's claim. In the interest of justice, the court ordered that both siblings be joint administrators of the estate, with Marcella to be registered as sole proprietor of the 17.6 acres in Chesunet Farm and Murei as proprietor of the 2...

Court Disposition

Plaintiff and defendant to be joint administrators; estate distributed as per judgment.

Orders

  • Marcella Jebitok Ruto to be registered as sole proprietor of 17.6 acres in Chesunet Farm.
  • Sylvester Murei to be registered as proprietor of 2 acres in Lelwak Farm.