Case ID:162706

In re Estate of Maria Kiptiti (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 168 of 2006

Parties:

In re Estate of Maria Kiptiti (Deceased)

Date Delivered:

09 Mar 2020

Case Class:

Civil

Court:

High Court at Eldoret

Case Action:

Ruling

Judge(s):

Olga Akech Sewe

Citation:

In re Estate of Maria Kiptiti (Deceased) [2020] eKLR

Court Division:

Family

County:

Uasin Gishu

Case Outcome:

Application allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

SUCCESSION CAUSE NO. 168 OF 2006

IN THE MATTER OF THE ESTATE OF MARIA KIPTITI (DECEASED)

BETWEEN

BENJAMIN KIRWA LELEI...........................APPLICANT

AND

RUTH CHEMELI BETT.................................OBJECTOR

RULING

1. The application dated 8

th

August, 2019 was filed pursuant to Section 74 of the Law of Succession Act and Order 45 of the Civil Procedure Rules. The applicant thereby seeks to correct an error apparent on the face of the record, in that whereas on 4

th

May, 2019 an order was made for confirmation of Grant, no such Grant appears on the record.

2. A perusal of the court record shows that the Petition for Grant was filed on 14

th

July, 2006 and that notice thereof was published in the Kenya Gazette on 2

nd

August, 2006. Thereafter, on 23

rd

August, 2006, a Notice of Objection was filed herein by the Objector Ruth Chemeli Bett. In the course of time the parties compromised the matter and agreed that the suit property be transmitted to the objector. They then applied for confirmation of Grant, purporting that the Grant was issued on 2.8.2006. Clearly therefore, the order of 4.5.2019 was made in error and therefore warrants a review. The objector has no objection to the Grant being issued in the Petitioner’s name.

3. In the circumstances, I would allow the application dated 8

th

August, 2019, which I hereby do and order that the proceedings of 4

th

May, 2019 and the order for confirmation of Grant be and are hereby vacated. I direct that a Grant of Letters of Administration Intestate in respect of the deceased, Maria Kiptiti, be issued in the name of the Petitioner, Benjamin Kirwa Lelei.

It is so ordered.

DATED, SIGNED AND DELIVERED AT ELDORET THIS 9

TH

DAY OF MARCH 2020

OLGA SEWE

JUDGE