Charles Kitur Ngetich & William Chesoi Soi v Joel Agui Choge [2021] KEHC 13628 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

IN THE MATTER OF THE ESTATE OF SAMWEL KIPSOI MARISIN

SUCCESSION CAUSE NO. 100 OF 2007

CHARLES KITUR NGETICH..............................................1ST PETITIONER

WILLIAM CHESOI SOI.....................................................2ND PETITIONER

VERSUS

JOEL AGUI CHOGE................................................................OBJECTOR

RULING

1.    There are two succession causes in respect of the deceased herein SAMUEL KIPSOI MARISIN (Deceased).

2. The first is P & A Cause No.111”A” of 1998 which later became 213 of 2000 filed in the PMS’s Court at Kericho.

3.   The Second is Succession Cause No.100 of 2007 filed at the High Court.

4. The grant of letters of Administration in Succession Cause No.213 of 2000 was issued to BERNARD KIPKEMOI NGETICH on 30/7/2001 and confirmed on 18/9/2020.

5.  The Grant in Succession Cause No.100 of 2007 was issued to CHARLES KITUR NGETICH and WILLIAM CHESOI SOI on 31/7/2013 and confirmed on 23/5/2017.

6.   The Petitioner in P & A No.213 of 2000 has filed a summons for revocation seeking to revoke the certificate of confirmation dated 23/5/2017.

7.   The Petitioner in Succession Cause No.213 of 2000 stated that he does not oppose revocation of the grant issued to him.

8.   The said grant be and is hereby revoked.

9.   The parties to appear in Court within 30 days of this date for directions on the hearing of summons for revocation dated 4/11/2020

Delivered, dated and signed at Kericho this 14th day of December, 2021.

A. N. ONGERI

JUDGE