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|Case Number:||Succession Cause 502 of 2006|
|Parties:||In Re Estate of SELLAH JEBIEGON MURERE(DECEASED)|
|Date Delivered:||04 Nov 2011|
|Court:||High Court at Kisumu|
|Citation:||In Re Estate of SELLAH JEBIEGON MURERE (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|
R U L I N G:
The application before me is by way of summons under Section 45 of the Law of Succession Act, rule 49 and 73 of the Probate and Administration Rules. Pending hearing are prayers (d) and (e) as prayers (a) (b) & (c) are spent.
The application was based on the affidavit of Johnson Kipsang Murere on the grounds that land parcel number NANDI/KAPSENGERE/49 was the subject matter of the objection; that the petitioner herein had subdivided land parcel into 1288 and 1289 using a grant that has since been revoked; the titles are in the names of the petitioner and one Julius Atuga a purchaser; the said grant was annulled and the estate distributed afresh in the court’s ruling of 11th February, 2011.
The application was opposed by the petitioner in grounds of opposition dated 10th March, 2011 as follows:-
I have considered the submissions by the rival parties.The issue for determination in my view is the fate of two parcels of land NANDI/KAPSENGERE/1288 & 1289 in view of the court ruling of 11th February, 2011 and whether or not the court can revoke the said titles and order for reinstatement of title number NANDI/KAPSENGERE/49.
On the 11th of February, 2011 following affidavits on mode of distribution by Johnson Kipsang Murere, on one side and Alice Jeptanui, Johnson Kipsang Murere, Thomas Kibitok, Eunice Jemaiyo, Stephen Kiplagat Barno and Joseph Kipngetich jointly; this court distributed the estate based on the two affidavits.
The net effect of the court order effect was that the earlier grants were revoked meaning that any distribution under them were null and void, and therefore title numbers NANDI/KAPSENGERE/1288/1289 obtained vide the revoked cancelled and or grants had to be revoked. They must go with the revoked grant.
The effect of the said cancellation was to reinstate the title number NANDI/KAPSENGERE/49 and have itin the name of administrators as appointed on the 25th of May, 2010 namely; Johnson Kipsang Murere, Thomas Kibitok Murere and Eunice Jamaiyo Murere. The new administrators ought now to redistribute the same as directed by the court on 11th February, 2011.
Orders are granted with costs.