In re Estate of the Late John Cheruiyot Rotich (Deceased) [2022] KEHC 1553 (KLR)
- Court
- High Court of Kenya
- Case number
- 1553
- Citation
- [2022] KEHC 1553 (KLR)
Summary at a glance
TypeSuccessionPostureAppeal from the original trialCoramHon. Justice R. Nyakundi
The mode of distribution that does commend itself to the circumstances of this cause is ordered as follows: 2 acres of land in TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 28 devolve to Josephine Cheruiyot Rotich for her life interest and thereafter to her children. The 3.5 acres of land in TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 46 are divided between Titus Kipkemboi Cheruiyot and Joyce Changwony Cheruiyot, Anne Chemutai Cheruiyot, and Josephine Cheruiyot Rotich (to hold in trust for Kiprop Chirchir and Emmanuel Chirchir (minors) in equal shares). All movables belonging to the deceased devolve to Josephine Cheruiyot Rotich.
Facts
The deceased, John Cheruiyot Rotich, died on April 9, 2001. His widow, Josephine Cheruiyot Rotich, petitioned for the grant of letters of administration intestate and was issued with the certificate of confirmation of grant on October 24, 2002. The son of the deceased, Titus Kipkemoi Cheruiyot, challenges the mode of distribution of the estate, particularly regarding a parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 46.
Issues
- Mode of distribution of the estate
- Claim of the son on the parcel of land known as TEMBELIO/ELGEYO BLOCK 11 (TUIYOKUL) 46
Reasoning
The judge considered the law applicable and the proposals on the mode of distribution, concluding that the proposed distribution is equitable.
Outcome
The appeal is dismissed.
Orders
- Distribution of the estate as per the judgment
Remedies
- None
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