[2009] KEHC 1766 (KLR)
The court found that the process leading to the issuance and application for confirmation of the grant was irregular. The Kenya Gazette notice was signed by the Deputy Registrar instead of a judge, contrary to the requirements for High Court matters. There was no request to the Principal Registry, and the relevant...
Source-derived case information.
- Citation
- [2009] KEHC 1766 (KLR)
- Parties
- Deceased: Tabsabei Chelangat Chumo; Applicant: Samwel Kipkemoi Chumo; Applicant: Johana Kiplangat Chumo
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 88 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application for confirmation of grant rejected
- Legal Topics
- Confirmation of Grant, Irregular Issue of Grant, Succession Procedure, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabsabei Chelangat Chumo
Deceased
Samwel Kipkemoi Chumo
Applicant
Johana Kiplangat Chumo
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate was properly issued in accordance with the law.
- 2 Whether the application for confirmation of grant can be allowed given the procedural irregularities identified.
- 3 Whether property was sold to purchasers without leave of court and the implications for the estate.
Ratio Decidendi
The court found that the process leading to the issuance and application for confirmation of the grant was irregular. The Kenya Gazette notice was signed by the Deputy Registrar instead of a judge, contrary to the requirements for High Court matters. There was no request to the Principal Registry, and the relevant forms (P&A 30, P&A 57, and P&A 5) were either not properly completed, registered, or disclosed. Additionally, there was evidence that a portion of the estate property had been sold to purchasers without leave of court, which is contrary to the Law of Succession Act. Due to these procedural defects and irregularities, the application for confirmation of grant was rejected, and...
Court Disposition
application for confirmation of grant rejected
Orders
- Confirmation of grant is rejected.
- Administrator to regularize the cause in accordance with the law.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO
Succession Cause 88 of 2008
Family Law
Law of Succession
a) Application for confirmation of grant of letters intestate
b) Deceased female adult aged 89 years old and died on 12th March, 2008 of cardiac – cerebral malaria
c) Grant of letters applied for on 2nd July, 2008
d) Kenya Gazette signed by Deputy Registrar and not judge irregularly on 2nd July ,2008 being same date when the grant was filed without a request to the Principal Registry
e) Letter of grant signed 22nd September, 2008.
f) Application to confirm grant applied for and dated 2nd June, 2009.
g) Transpired that portion of property sold to purchasers without leave of court.
Held
a) Confirmation of grant rejected.
b) Administrator to regularize this cause.
c) There is no confirmation from Principal Registry on Form P&A 30 that grant is properly issued. P&A 57 not sealed signed and registered with the lands department. P&A 5 to disclose apportionment of survivors
Case Law – Nil.
Advocate-Nil
IN THE MATTER OF THE ESTATE OF THE LATE
TABSABEI CHELANGAT CHUMO …….......…………DECEASED
AND
SAMWEL KIPKEMOI CHUMO …….…........…1ST PETITIONER
JOHANA KIPLANGAT CHUMO………..….......2ND PETITONER
RULING
Grant of probate of letters of administration intestate
I:Summons for confirmation of grant dated 2nd June, 2009
1. This cause is definitely irregular and suspect.
2. The deceased, a female adult aged 85 years old called Tabsabei Chelangat Chumo passed away on 12th March, 2008. The cause of death being cardiac –cerebral malaria.
3. On 2nd July, 2008 grant of letters intestate was applied for. A Kenya gazette was signed by the deputy register and not the judge as is required where there is a High Court on the very same date of 2nd July, 2008. There was no request to the principal registry.
4. Temporary grant was issued on 22nd September, 2008 (G.B.M. Kariuki J).
5. When the application was applied for and dated 2nd June, 2009 it was further transpired that there were purchasers of land probably sold without the knowledge of the deceased.
6. This may have been irregular and may require to be established.
II: Findings
7. The application for confirmation of grant is rejected. The original death certificate be deposited to Court. The said form P&A 57 be registered at the lands department P&A 5 to disclosed the relationship to the deceased. The said apparent be disclosed.
8. There will be costs in the estate.
DATEDthis 16th day of June, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates – Nil