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|Case Number:||Succession Cause 35 of 2003|
|Parties:||IN RE THE MATTER OF THE ESTATE OF THE LATE KIPRUTO ARAP SANG (DECEASED)|
|Date Delivered:||23 Nov 2009|
|Court:||High Court at Kericho|
|Judge(s):||Mary Atieno Ang'awa|
|Citation:||IN RE THE MATTER OF THE ESTATE OF THE LATE KIPRUTO ARAP SANG (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|
REPUBLIC OF KENYA
IN THE HIGH COURT
Succession Cause 35 of 2003
IN THE MATTER OF THE ESTATE OF THE LATE
KIPRUTO ARAP SANG …………………………....DECEASED
JOSHUA KIPNGENO SANG …….. … 1ST PETITIONER/RESPONDENT
RECHO CHEMUTAI SANG ………...2ND PETITIONER/RESPONDENT
SOFIA WANGECHI ……………. 3RD PETITIONER/RESPONDENT
JOSEPH KIPKEMOI CHEPTIONY ………………..APPLICANT
Application for Revocation of grant dated
1. The deceased Kipruto Arap Sang passed away on
2. He left surviving him three houses. (The deceased was a polygamist).
(i) House No.1
The widow is deceased. Joshua Kipngeno Rutto the eldest son in that house represented the home disclosing three children.
(ii) House No.2
Recho Chemutai Sang the widow to the deceased representing that 2nd house having five children.
(iii) House No.3
Sofia Wangechi Sang the widow to the deceased representing the third house having three children.
3. All three applied as administrators/administratrix to the estate on
4. Temporary letters of grant intestate was issued on 26th June, 2003 P&A 41 (Lesiit J) Kenya gazette was issued on 7th April, 2003 by the then Deputy Registrar.
5. After a period of four years letters of confirmation of grant was issued to the three on 1st February, 2007 D. Musinga J. The administratix had taken the service of J. K. Kirui & Co. Advocates.
II; Revocation of grant application.
7. This application filed under form P&A 107 & an affidavit form P&A 14 stated that the grant be revoked on grounds that the same was made by a false statement.
8. The respondents administrator on receiving the said application P&A 107, P&A 144 and form P&A 69 asking that they file a replying affidavit. (The court directions having been taken exparte to show persons to be served with the application)
9. The respondent filed a notice of appointment (P&A 63) now appointing a new advocate M/S Tengekyon & Koske Co. Advocates.
10. In the affidavit filed by Recho Chemutai Sang she brought it to the court’s attention that the applicant had not disclosed how he is related to the deceased or any of the petitioners. She denied that the appellant was a beneficiary to the estate, that the applicant was a survivor with Recho Sang, that the petitioners had concealed from the court material facts and that, it was denied the applicant be included in the estate.
11. On the day called out for hearing on
12. The respondent was heard exparte and in the absence of the applicant.
13. It is the allegation of making a false statement or failure to disclose a material fact that has to be disclosed to this court in order to seek revocation. The criteria are found in Section 76 of the Law of Succession Act. Cap.160 Laws of
14. The application appears to be that the applicant and not been provided for. In such a case, revocation of grant is not what is filed but an application under Section 26 of the Law of Succession Act seeking to prove that one is a dependant and had not been provided for. Form P&A 10 should have been filed under a protest before confirmation of grant. As this has now passed the only alternative is to apply for revocation of grant proceedings or dependency proceedings.
15. I would dismiss this application for revocation of grant with costs to the respondents as having no merits.
Dated this 23rd day of November 2009 at Kericho.
M. A. ANG’AWA
J. K. Koskey Advocate instructed by M/S Tengekyon & Koske Co. Advocates for the Petitioners
N/A for M/S G. M. Maengwe & Co. Advocates for the applicants.