Vincent Kiprotich Rop v Paul Maritim Rop [2017] KEHC 4256 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

SUCCESSION CAUSE NO. 317 OF 2007

IN THE MATTER OF THE ESTATE OF STEPHEN KIPROB BETT ALIAS KIPROB BETT (DECEASED)

VINCENT KIPROTICH ROP.......................PLAINTIFF/APPLICANT

VERSUS

PAUL MARITIM ROP..........................DEFENDANT/RESPONDENT

RULING

On the 20th day of March, 2017 this Court did make an order regarding the District Land Surveyor to survey the portion shown to belong to Elizabeth Tarpano Chumo for purposes of subdividing it into four (4) equal portions and to find out the best manner of subdivision agreeable to the four (4) sons (beneficiaries) and to file a report.

Subsequent to that order the surveyor one Christopher Kipngetich Kirui did carry out a survey and came out with two possible options.

In the first option he took into consideration the portions of land where the four (4) currently reside and wherein it would not curtail  demolition of many structures.

The second option would interfere with a tea buying centre and tea bushes belonging to one of the sons of Tabarno.

Having gone through the report by the District Surveyor and having carefully evaluated the two options he has put forth and bearing in mind that the first option would not present substantive demolition of property I order that the distribution be by way of first option which the surveyor advises would be the best one.

DELIVERED, SIGNED AND DATED THIS 20TH DAY OF JULY, 2017.

.......................

M. MUYA

JUDGE

In the presence of;

1. Mr. Mutai holding brief for Mr. Koko for the Applicants.

2. Respondents in person - present

3. Hillary - court assistant