Customer Support

DAVID BROWN KIPKORIR CHEBII
V.
RAEL CHEBII

(2016) JELR 97567 (CA)

Court of Appeal 29 Jul 2016 Kenya
BriefBot icon

BriefBot Summary

Free

- The deceased, Chebii Kimang’et, died intestate in 1983; the appellant (his son) obtained a grant of letters of administration in 1991 but failed to fully disclose all dependants, naming the respondent (Rael J. Chebii) only as a “relative,

Case Details

Suit Number:Civil Appeal 377 of 2014
Judges:Fatuma sichale, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:David Brown Kipkorir Chebii v. Rael Chebii [2016] eKLR

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court (A. Mshila, J.) delivered at Eldoret on 23rd March 2012 revoking, under Section 76 of the Law of Succession Act, a grant of letters of administration in respect of the estate of Chebii Kimang’et, deceased, issued to the appellant on the basis that the same had been obtained by concealment of material facts.

Background

2. Chebii Kimang’et, deceased, died intestate on 16th May 1983. His son David Brown Kipkorir Chebii, the appellant successfully petitioned for letters of administration intestate of the deceased’s estate in the High Court in Eldoret in Succession Cause No. 70 of 1990. In his affidavit in support of that petition, the appellant indicated that the deceased’s only asset that was Plot 280 Elgeyo Border Scheme measuring approximately 9.5 hectares. As for the beneficiaries, he named Kobilo Chebii, deceased, the widow of the deceased; himself as a son of the deceased; Philip Kigen Man’get as a son of th…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.