In re Estate of Kimeto Arap Cheroigin alias Kimeto Cheroigin (Deceased) [2023] KEHC 26614 (KLR)

In re Estate of Kimeto Arap Cheroigin alias Kimeto Cheroigin (Deceased) (Succession Cause 346 of 2015) [2023] KEHC 26614 (KLR) (13 December 2023) (Ruling)

Neutral citation: [2023] KEHC 26614 (KLR)

Republic of Kenya

In the High Court at Kericho

Succession Cause 346 of 2015

JK Sergon, J

December 13, 2023

IN THE MATTER OF THE ESTATE OF THE LATE KIMETO ARAP CHEROIGIN alias KIMETO CHEROIGIN (DECEASED)

Between

Kipkemoi Metto

Petitioner

and

Joseph Kimetto

Applicant

Ruling

1. The subject matter of this ruling is the Motion dated 25th October, 2023 taken out by Joseph Kipngeno Kimeto, the Applicant herein whereof, he sought for the following Orders:-i.That the Honourable Court be pleased to order Petitioner/Respondent herein Kipkemoi Metto to sign Transfer Forms in respect of Parcel of Land known as Kericho/roret/461 with immediate effect.ii.That in default, the Deputy Registrar – Kericho High Court to sign the same.iii.That the costs and expenses of executing the Order above be borne by the Petitioner/Respondent.

2. The aforesaid Motion is supported by the Affidavit sworn by the Applicant. The Motion was served upon Kipkemoi Metto, the Petitioner but no response was filed to answer the application.

3. I have considered the material placed before this Court. Basically, the Applicant is seeking to be issued with an Order to compel the Petitioner to execute the transfer forms in respect of the parcel of Land known as Kericho/Roret/461 and in default the Deputy Registrar, Kericho High Court to execute the same in place of the Petitioner with costs being borne by the Petitioner/Respondent.

4. The Applicant has argued that the Petitioner is not Co-operative with the other beneficiaries of the Estate of Kimeto Cheroigin, Deceased to have the Certificate of Confirmed Grant implemented. The applicant pointed out that the Petitioner has failed and refused to sign the transfer forms as required by as the Petitioner/Administrator of the Estate. The Applicant further argued that the Certificate of Confirmation of Grant has not been challenged nor revoked.

5. It is apparent a Grant of Letters of Administration Intestate of the Estate of Kimeto Arap Cheroigin alias Kimeto Cheroigin, deceased was issued to Kipkemoi Metto on 12th April, 2016. The aforesaid grant was confirmed on 24th April, 2023. The Certificate of confirmation of Grant dated 24th April, 2023 shows that the Estate Parcel of Land known as LR. No. Kericho/Roret/461 should be shared as follows:-i.Esther Chebet Kimetto - 4 Acresii.Kipkemoi Kimeto - 2 Acresiii.John Kimeto - 2 Acresiv.Joseph Kipngeno Kimeto - 1 Acrev.Ezekiel Kimeto - 1 Acrevi.Richard Kimeto - 1 Acrevii.David Kimeto - 1 Acre

6. It is obvious that the aforesaid parcel of Land has to be subdivided and shared as indicated in the schedule of distribution.

7. There is also no evidence that the Certificate of Confirmation of Grant has been challenged on Appeal. What remains is for the Certificate of Confirmation of Grant to be implemented before the file can be closed. The assertion that Petitioner has failed and or refused to sign the transfer forms to transmit to the beneficiaries their respective parcels has not been controverted.

8. The law mandates the Administrator of an Estate execute the necessary documents to have the Certificate of Confirmation of Grant fully implemented.

9. In this Cause, it would appear the Petitioner failed to perform his duties as an Administrator.

10. I am convinced in that the Applicant is right to seek this Court’s intervention to compel the Petitioner to perform his duty of executing the necessary documents to have the Estate Land fully distributed. In the end, I find the Motion dated 25th October, 2023 to be meritorious, hence it is allowed giving rise to issuance of the following Orders:-

i.An Order is hereby issued directing Kipkemoi Metto to sign transfer forms in respect of the Parcel of Land known as L.R. No. Kericho/Roret/461 within 30 days from the date hereof. In default, the Deputy Registrar, High Court of Kenya, Kericho to sign the transfer forms in respect of L.R. No.Kericho/Roret/461 in place of Kipkemoi Metto.ii.Each party to meet his or her own costs.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 13THDECEMBER, 2023J.K. SERGONJUDGEIn the presence of:C/ASSISTANT - RUTOHBii for the Applicant