In re Estate of Zablon Komingoi Mateget (Deceased [2022] KEHC 13706 (KLR)

In re Estate of Zablon Komingoi Mateget (Deceased (Succession Cause 220 of 2014) [2022] KEHC 13706 (KLR) (11 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13706 (KLR)

Republic of Kenya

In the High Court at Kericho

Succession Cause 220 of 2014

AN Ongeri, J

October 11, 2022

IN THE MATTER OF THE ESTATE OF ZABLON KOMINGOI MATEGET alias KOMINGOI MATEGET (DECEASED

Between

Andrew Cheruiyot

1st Petitioner

Ann C Mateget

2nd Petitioner

Stanley Cheruiyot

3rd Petitioner

and

Kennedy Kiplangat Kigen

1st Applicant

Richard Kiprono Ngeno

2nd Applicant

and

Wilson Kiplangat Cheruiyot & 14 others

Objector

Ruling

1. The property of the deceased was distributed in the ruling dated 14/6/2018 by Hon Lady Justice Mumbi Ngugi (as she then was.)

2. In paragraph 13 of the said ruling, she found that the total acreage of the deceased’s property was 52. 99 acres.

3. The 1st house was allocated 7 units, the 2nd house 5 units and the 3rd house 23 units according to the number of beneficiaries.

4. It is not very clear why the beneficiary Zeddy Mateget was left out of the distribution.

5. The other beneficiary Elizabeth Chepkurui Cheruiyot is on the list of the beneficiaries from the 1st house.

6. I direct that Zeddy Mateget be included among the beneficiaries of the 1st house and the units be modified to be 8 in the first house. The rest of the units to remain the same.

7. The 52. 99 acres to be shared as follows:-Each be beneficiary to get approximately 2. 2 acres. The acreages to be adjusted as follows:-1st house – 17. 6 acres from LR No Kericho/Getarwet/4542nd house – 11 acres from LR No Kericho/Getarwet/454. 3rd house – 24. 2 acres - LR No Kericho/Getarwet/454 -3. 4 acres, LR No Kericho/Boito/158 – 20. 75 acres, LR Kericho/Litein-1790 – 0. 1 acres (Total = 24. 25 acres)

8. Paragraph 15 and 16 of the ruling dated 14/6/2018 to remain as ordered.

9. Kericho/Chemoiben/30 to be sold and shared equally amongst all the houses.

10. The certificate of confirmation to be rectified accordingly.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 11TH DAY OF OCTOBER, 2022. A. N. ONGERIJUDGE