KIPSUGUT ARAP CHEPSIROR v KIPKURGAT CHEPSIROR AND OTHERS [2005] KEHC 2255 (KLR)
- Court
- High Court of Kenya
- Case number
- 2255
- Citation
- [2005] KEHC 2255 (KLR)
- Decided
- 20 June 2005
Letters of administration were confirmed on 8th February 1988, and the subject land (L. R. NAND/LESSOS/35) should be divided equally among the five houses.
Facts
The deceased was married to five wives, and the estate includes a piece of land (L. R. NAND/LESSOS/35) to be divided equally among the five houses. There was also a parcel of land (NANDI/LESSOS/46) registered in the deceased's name, which the objectors claimed was not part of the estate.
Issues
- Confirmation of letters of administration on 10th February 1988
- Lawfulness of letters of administration issued on 11th December 1987
- Inclusion of land parcel NANDI/LESSOS/46 in the estate
- Inclusion of David Tangut as a beneficiary
Reasoning
The court found that the letters of administration were confirmed on 8th February 1988, and the issue of the validity of the initial grant was not raised until now. The court dismissed the objections and confirmed the letters of administration.
Outcome
Letters of administration confirmed, land to be divided equally among the five houses.
Orders
- Letters of administration confirmed to Kipsugut arap Chepsiror
- Each of the five houses gets an equal share of the land L.R. NANDI/LESSOS/35
Remedies
- Costs to be borne by the parties
Authorities cited
Legislation (2)
- Law of Succession Act (Cap.160 Laws of Kenya)
- Probate and Administration Rules
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