In re Estate of the Late Maritim Chepkwony Chumo (Deceased) [2018] KEHC 9640 (KLR)

REPUBLIC OF KENYA

IN THE HIGH OF KENYA AT KERICHO

SUCCESSION CAUSE NO.16 OF 2016

IN THE MATTER OF THE ESTATE OF THE LATE MARITIM CHEPKWONY CHUMO (DECEASED)

PAUL KIPKOECH MARITIM....................................PETITIONER

VERSUS

ANGELINER CHERONO CHUMO...............................OBJECTOR

RULING

1.  In the ruling dated 7th March 2018 regarding the distribution of the estate of the deceased in this matter, I found that the mode of distribution proposed by the petitioner Paul Kipkoech Maritim, in his written submissions dated 30th October 2017 would result in a fair distribution of the estate of the deceased.  I accordingly accepted it as the mode of distribution of the estate.

2. Counsel for the parties appeared before me on 3rd October 2018 and drew the attention of the court to the fact that there was an error apparent on the record. It appears that after accepting the mode of distribution proposed by the petitioner in his submissions, the court inadvertently omitted the name of the petitioner, Paul Kipkoech Maritim, in making the final orders for the distribution of the estate.  The certificate of confirmation of grant issued thereafter reflected this error.

3. Accordingly, and in exercise of powers under section 99 of the Civil Procedure Act, which allows the correction of errors arising in judgments, orders or decrees from any accidental slip or omission, I hereby amend the said ruling to provide that the estate of the deceased shall be  distributed as follows:

1. L. R. No.Kericho/Boito/155 – Area (3. 0 ) Ha.

i. Mathias Kipkemoi Maritim …………………….1. 5 Acres

ii. Joseph Kiplangat Maritm……………………….1. 5 Acres

iii. Paul Kipkoech Maritim……….………………1. 5 Acres

iv. William Maritim………………………………1. 5 Acres

v. Charles Maritim Cheruiyot……………………1. 5 Acres

2. L. R. No.Kericho/Boito/161 – Area (0. 5) Ha.

i. Angeliner Cherono Chumo……….(1. 25) Acres (absolute)

3. L. R. No.Kericho/Kabianga/3143 – Area (0. 2) Ha.

i. Angeliner Cherono Chumo…………….. (0. 2916) Acres

ii. Mathias Kipkemoi Maritim……………..(0. 0416) Acres

iii. Joseph Kiplangat Maritim……………...(0. 0416) Acres

iv. Paul Kipkoech Maritim..……..………....(0. 0416) Acres

v. William Maritim ……………..………….(0. 0416) Acres

vi. Charles Maritim Cheruiyot……………...(0. 0416) Acres

4. A certificate of confirmation of grant shall be issued to reflect the above mode of distribution.

Dated, Delivered and Signed at Kericho this 1st  day of November 2018

MUMBI NGUGI

JUDGE