Case ID:162876
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
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