In re Estate of Kipsiele Arap Chumo alias Kipsiele Chumo (Deceased) (Succession Cause 80 of 2014) [2023] KEHC 26686 (KLR) (14 December 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 26686
- Citation
- [2023] KEHC 26686 (KLR)
- Decided
- 14 December 2023
The court partially allows the protestor's claim, finding that he and his brother are directly entitled to their deceased mother's share in the estate of the late Kipsiele Arap Chumo. The amended summons for confirmation of grant is partially allowed.
Facts
The deceased, Kipsiele Arap Chumo, left an estate. His widow, Prisca Chebet Chumo, sought to confirm the grant of administration of the estate. Gilbert Kibet Ngeno protested against the proposed mode of distribution, claiming he is the son of Sarah Chepngeno, who died in 1990, and should be entitled to a share of the estate.
Issues
- Whether the proposed mode of distribution is reasonable and equitable.
- Whether the protestor is directly entitled to a share of the estate of his grandfather, the late Kipsiele Arap Chumo.
Reasoning
The court found that the proposed mode of distribution is reasonable and that the protestor and his brother are directly entitled to their deceased mother's share in the estate of the late Kipsiele Arap Chumo.
Outcome
The protestor's claim is partially successful.
Orders
- The estate is to be shared as follows: 1.0 Acres in equal shares to Dennis Kiplangat and Gilbert Kibet, 1.9 Aces to Esther Chemutai Siele, 0.3 Aces to Joseph Kibet Siele, 1.9 Aces to Andrew Kipkoecj Siele, 1.9 Aces to David Kimutai Siele, and 1.9 Aces to Solomon Cheruiyot Siele. 1.73 Acres to Joseph Kibet Siele.
Remedies
- Each party to meet their own costs.
Authorities cited
Legislation (4)
- Law of Succession Act
- Section 35
- Section 38
- Section 41
Cases cited (2)
- In Re Estate of John Gakunga Njoroge
- Christine Wangari Gachigi v Elizabeth Wanjira Evans and 11 Others
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