Case ID:162876

In re Estate of Tingo Arap Yego (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 296 of 2001

Parties:

In re Estate of Tingo Arap Yego (Deceased, also known as Tingo Ngelo Yego)

Date Delivered:

12 May 2020

Case Class:

Civil

Court:

High Court at Eldoret

Case Action:

Ruling

Judge(s):

Olga Akech Sewe

Citation:

In re Estate of Tingo Arap Yego (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. 296 OF 2001

IN THE MATTER OF THE ESTATE OF TINGO ARAP YEGO (DECEASED, ALSO KNOWN AS TINGO NGELO YEGO)

IN THE MATTER OF AN APPLICATION FOR REMOVAL OF ADMINISTRATORS

BETWEEN

JOHN TINGO........................................1

ST

PETITIONER

DAVID KIPROTICH MURGOR........2

ND

PETITIONER

AND

PHILISTA J. CHUMO.............................1

ST

OBJECTOR

EMILIANA YEGO...................................2

ND

OBJECTOR

RULING

[1]

This ruling is in respect of the application dated

10 February 2020

. It was filed herein by the Objectors,

Philista J. Chumo

and

Emiliana Yego,

pursuant to

Sections 45

and 46

of the

Law of Succession Act

, for orders that:

[a]

spent

[b]

The Administrators, namely,

John Tingo

and

David Kiprotich

Murgor

, be summoned to attend Court to show cause why they are not ready and/or willing to effect transmission of the estate to the beneficiaries.

[c]

In default of

[b]

above, the Administrators be removed from being the Administrators of the estate and that they be substituted by the

Felister Chumo, Carlina Tongoi Sang

and

Milka Jelagat Chumo

in order to complete the distribution of the estate.

[d]

Any other order that the Court may deem fit to grant.

[2]

The application was premised on the grounds that the deceased died intestate on

19 July 2001

and that his estate has remained under administration to date in spite of pleas by the beneficiaries that they be given their respective shares. The application is supported by the affidavit annexed thereto, wherein it was averred that this dispute has been pending before court since the year

2001

; and that it was not until

18 October 2019

that it was settled via mediation and a Certificate of Confirmation issued. That since then, the Administrators have resumed their indolence and declined to finalize the process of transmission as required of them. It was on that account that the instant application was filed.

[3]

The Administrators were duly served with the application; and, whereas the 1

st

Administrator attended court, he was unable to give any justification for their indolence, except that they are not happy with the Mediation Settlement. The 2

nd

Administrator did not attend court and no explanation was given for that failure. Thus, the matter proceeded

ex parte

on

3 March 2020

. While acknowledging that this Succession Cause has been pending for long, the 1

st

Administrator completely failed to give any plausible justification for the state of affairs.

[4]

I have nevertheless perused the record and noted that the deceased made a Will and set out his wishes therein as to how he wanted his estate handled. The provisions pursuant to which the application has been brought do not provide for the reliefs sought. And, as this is not an application for revocation of Grant, I take the view that no sufficient cause has been shown for the removal of the Administrators. There is no proof that they have intermeddled with the estate for purposes of

Section 45

of the

Law of Succession Act

. It is manifest therefore that the application is incompetent and is hereby struck out. It is further ordered that immediate steps be taken by the executors to conclude this longstanding matter.

It is so ordered.

DATED SIGNED AND DELIVERED AT ELDORET THIS 12

TH

DAY OF MAY, 2020.

OLGA SEWE

JUDGE