KIMESIS CHERUIYOT MOSONIK v JAMES KIPTERER KOECH [2009] KEHC 196 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

Succession Cause 59 of 2008

1. Family Law

2. Subject of main application

a) Law of Succession

b) Letters intestate

c) Deceased male adult aged 57 years old on 22nd February, 1979.

d) Survivors to deceased estate.

i) Male adult aged 60 years in 2009    son married

ii) Female adult aged 58 years in 2009 daughter married

iii) Assets LR Kericho/Kaplelartet/186

e) Grant of letters of confirmation of grant

i) Kenya Gazette 14th May, 2008

ii) Temporary letters of grant 9th October, 2008 G.B.M. Kariuki J

iii) P&A 30 filed

iv) Revocation by married daughters 18th November, 2009

v) Caution received.

3. Application 31st August , 2009 for summons for confirmation of grant

4. Held

a.Application granted.

Grant for confirmation of grant

5.   Case Law - Nil

6.   Advocates

E.M. Orina Advocate instructed by M/S E.M. Orina & Co. Advocates for the Petitioner/Applicant – present

Petitioner/Applicant - present

KIMESIS CHERUIYOT MOSONIK ………………………….. DECEASED

AND

JAMES KIPTERER KOECH ………………………..................PETITIONER

RULING

Application 31st August, 2009

for confirmation of grant of letters intestate

I: Background

1. The deceased passed away on the 22nd February, 1979 aged 57 years old, male adult. I am not quiet sure what happened to his widow but the survivors to the estate is said to be the applicant/petitioner James Kipeterer Koech who is now aged 60 years old and is related to the deceased as his son.

2. It took him a considerable time to disclose that the deceased had a daughter aged 58 years old and is now married. She has since filed a renunciation of her rights to apply for the letters of administration intestate.

3. The only assets to the estate is Land parcel   LR Kericho/Kaplelartet/186 that comprises of 16. 0ha. There was a restriction placed on it on 24th January, 1992 and a caution dated 21st June, 1993 whereby a purchaser clamed interest.

4. The said purchaser interest has now been raised as of 17th November, 2009 and the property is free of any encumbrances.

II: Confirmation

5. The applicant was issued with Letters of grant intestate on 9th October, 2008(G.B.M. Kariuki J). He now prays that those letters be confirmed.

6. Court order is hereby granted that the grant be confirmed. The assets of the deceased to go the deceased son and applicant herein absolutely subjected to the widow of the deceased who has a life interest to the property.

7. Cost to the estate.

DATEDthis 23rd day of November, 2009 at KERICHO

M.A. ANG’AWA

JUDGE

Advocates

E.M. Orina Advocate instructed by M/S E.M. Orina & Co. Advocates for the Petitioner/Applicant – present

Petitioner/Applicant - present