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|Case Number:||Succession Cause 104 of 2001|
|Parties:||In Re The Matter Of The Estate Of Stephen Kipkobel Beigon (Deceased)|
|Date Delivered:||14 Dec 2009|
|Court:||High Court at Kericho|
|Judge(s):||Mary Atieno Ang'awa|
|Citation:||In Re The Matter Of The Estate Of Stephen Kipkobel Beigon (Deceased)  eKLR|
|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|
IN THE MATTER OF THE ESTATE OF
STEPHEN KIPKOBEL BIEGON ………………… DECEASED
GRACE KIMIBEI BIEGON ………………… 1ST PETITIONER
DAVID MIBIEI ……………………………….2ND PETITIONER
Confirmation of grant
1. The deceased, Stephen Kimibei A. Beigon passed away on 31st of December, 1999 at a ripe old age of 86 years old; at
2. He was survived by a widow
i) Grace Kimibei Biegon aged 60 years old in 2009.
ii) David C. Mibei son aged 37 years old.
iii) Charles Mibei son aged 35 years
iv) Erick Mibei son aged 33 years
v) Henry Mibei son aged 27 years
vi) Philemon Mibei son aged 25 years
vii) Jane Chemutai daughter aged 30 years
3. Letters of administration intestate was applied by his widow Grace Kimibei Beigon and his eldest son David C. Mibei on
4. The only asset the deceased had was a share and dividend in a co-operative bank and portion of land under the Registration of titles Act grant No. JR 20572 Land Registration No. 10694. Totaling 544 acres. His portion is said to be 174 acres.
5. An application dated
II: Confirmation of grant application
6. The application stated that the assets of the deceased be registered in the name of Grace Kimibei Beigon to hold in trust of her children/dependents.
7. I wish to begin with the land being registered under the Registration of Titles Act Grant No. JR 20572, Land Registration No. 10694 totaling 544 acres. This parcel of land had been granted to James Fredrick Olitram of Echo farm on
8. The property was then transferred to Kipsang Arap Chelal and Joel Arap Cherongin both trading as “Kabianga Echo farm as tenants in common in equal shares (
9. Twelve years later Stephen Arap Beigon (the estate deceased in this Succession Cause) placed a caveat claiming a co owner’s interest absolutely. (
10. On the very same day of 28th August, 1984 a transfer to Stephen Arap Beigon (deceased) of an undivided 1/6th /1/3rd right title and interest of Kipsang Arap Chelal and Joel Arap Cheroigin subject to the rights of Joseph Ngaruiya Kariuki, as tenants in common in equal shares.
11. According to the widow to the deceased, the three agreed to sub- divide the land. Unfortunately the deceased passed away before this could be effected. She enclosed a Surveyor’s map that showed the portion of one Chelal (deceased) 174 acres. The portion of Cheroigin two has 100 acres and another 74 acres. He has extensively sub-divided his portion. Biegon (deceased portion A 100 acres and portion B 74 acres). The surveyor confirms the apportionment was done in the process of the deceased demise.
12. I would confirm the grant as to the land to the portion indicated on the Surveyor’s map to the widow.
13. As to the bank account, the P&A Form 5 speaks of the Co-operative bank shares and dividends. The application for confirmation of grant speaks of the Kenya Commercial Bank.
14. The court requires to make clear and precise orders under rule 41(2) of P&A rules the Court defines this item and orders that the widow/administratrix/administration do provide the correct Bank name account number and sums held in the bank.
15. This matter be mentioned at the convenient of the parties to confirm further clarification of information to this court.
DATED this 14th day of December, 2009 at KERICHO