[2017] KEHC 4256 (KLR)
The court determined that the first option proposed by the District Land Surveyor for subdivision of the estate property was the most equitable and practical. This option considered the current residences of the four beneficiaries and minimized the demolition of existing structures. The court found that adopting...
Source-derived case information.
- Citation
- [2017] KEHC 4256 (KLR)
- Parties
- Applicant: Vincent Kiprotich Rop; Respondent: Paul Maritim Rop
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 317 of 2007
- Procedural Posture
- Succession Cause / Ruling on Mode of Subdivision of Estate Property
- Outcome
- Application for subdivision allowed; estate property to be subdivided as per the first option in the surveyor's report.
- Judges
- GO Shikwe
- Legal Topics
- Succession of Estates, Distribution of Land, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Kiprotich Rop
Applicant
Paul Maritim Rop
Respondent
Procedural Posture
Succession Cause / Ruling on Mode of Subdivision of Estate Property
Legal Issues
- 1 What is the most equitable manner of subdividing the estate property among the four beneficiaries?
- 2 Should the court adopt the surveyor's first or second option for subdivision?
Ratio Decidendi
The court determined that the first option proposed by the District Land Surveyor for subdivision of the estate property was the most equitable and practical. This option considered the current residences of the four beneficiaries and minimized the demolition of existing structures. The court found that adopting this option would best serve the interests of justice and fairness among the beneficiaries, as it would avoid unnecessary disruption and conflict. The court therefore ordered that the estate property be subdivided according to the first option in the surveyor's report.
Court Disposition
Application for subdivision allowed; estate property to be subdivided as per the first option in the surveyor's report.
Orders
- The estate property shall be subdivided into four equal portions as per the first option recommended by the District Land Surveyor.
- The District Land Surveyor's report is adopted as the basis for subdivision.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
SUCCESSION CAUSE NO. 317 OF 2007
IN THE MATTER OF THE ESTATE OF STEPHEN KIPROB BETT ALIAS KIPROB BETT (DECEASED)
VINCENT KIPROTICH ROP.......................PLAINTIFF/APPLICANT
VERSUS
PAUL MARITIM ROP..........................DEFENDANT/RESPONDENT
RULING
On the 20th day of March, 2017 this Court did make an order regarding the District Land Surveyor to survey the portion shown to belong to Elizabeth Tarpano Chumo for purposes of subdividing it into four (4) equal portions and to find out the best manner of subdivision agreeable to the four (4) sons (beneficiaries) and to file a report.
Subsequent to that order the surveyor one Christopher Kipngetich Kirui did carry out a survey and came out with two possible options.
In the first option he took into consideration the portions of land where the four (4) currently reside and wherein it would not curtail demolition of many structures.
The second option would interfere with a tea buying centre and tea bushes belonging to one of the sons of Tabarno.
Having gone through the report by the District Surveyor and having carefully evaluated the two options he has put forth and bearing in mind that the first option would not present substantive demolition of property I order that the distribution be by way of first option which the surveyor advises would be the best one.
DELIVERED, SIGNED AND DATED THIS 20TH DAY OF JULY, 2017.
.......................
M. MUYA
JUDGE
In the presence of;
1. Mr. Mutai holding brief for Mr. Koko for the Applicants.
2. Respondents in person - present
3. Hillary - court assistant