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PHILEMON KIPRONO KOECH & ANOR
V.
RACHEL CHEMUTAI & 2 ORS

(2022) JELR 113312 (CA)

Court of Appeal 2 Dec 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 438 OF 2019
Judges:HA Omondi, JA KI Laibuta, JA M Gachoka, JA
Location:Nairobi

JUDGMENT

  1. Elijah Kipketer Misoi, in his lifetime, had two families. The first wife, Taplelei Misoi, was blessed with one son, Joshua Kipkoech Arap Keter, and she predeceased him. The second wife, Rachel Chemutai Misoi, was blessed with nine children. The late Elijah Kipketer Misoi (the deceased), died on the 18th of April, 1996.

  2. The deceased must have lived a modest life since, at the time of his death in 1996, he only had one property, a parcel of land no Kericho/Kipchimchim/1940 measuring 18 acres but had no liabilities. A person who lived such a modest life should rest peacefully, but this succession dispute has been in court since the year 1999. Undeniably, the law of succession, whether customary or statutory, is meant to guide in the sharing and distribution of the estate of a deceased person. However, as the litany of cases that are filed in our courts will show, the dependents have used the statutes and customary norms as spears for battle.

  3. On February 24, 1999, the second wife Ra…

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