Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowed· [2018] KEELC 4192 (KLR)

Grace Chepkwony v Musa Kipkoske Chepkwony & 2 others [2018] KEELC 4192 (KLR)

Environment and Land Court of Kenya
21 February 2018
JOJ.M. Onyango
879 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

The court removed a caution blocking a widow's land share, confirming that a confirmed succession grant determines who gets what.

What this practically means

#

Executive summary

#
The Plaintiff, a daughter-in-law of the late Taptele W/O Nyige, sued the Defendants for removal of a caution lodged on land parcel KERICHO/KABIANGA/932, registered in the name of the deceased. She relied on a Rectified Certificate of Confirmation of Grant dated 30th July 2012 issued in Kericho HC Succession Cause No. 109 of 2009, which allotted her 0.525 hectares of the estate alongside other heirs. She testified that the Defendants refused to attend the Land Registrar's office to enable each beneficiary obtain title deeds, prompting the suit. The Defendants denied her entitlement, claiming they were the only beneficiaries of the estate as regards the suit property. The 1st Defendant denied knowledge of the succession cause; the 2nd Defendant, the Plaintiff's step-son, claimed he had applied to annul the grant but produced no documentary evidence. The court held it common ground that the property was divided among the heirs per the rectified grant and that no evidence showed revocation of the grant. The Defendants therefore had no justification for denying the Plaintiff her rightful share by lodging a caution. Finding the Plaintiff's case proved on a balance of probabilities, the court ordered removal of the caution, directed the Executive Officer to execute all necessary documents to effect the rectified grant, and awarded costs against the Defendants. Judgment was delivered at Kericho on 21st February 2018 by J.M. Onyango J.

Key legal issues

#
01

Whether the caution lodged by the Defendants on the suit property should be removed

Holding

The caution is removed; the Plaintiff, a beneficiary under the rectified grant, proved her entitlement to 0.525 HA of the suit land and no evidence showed the grant had been revoked, so the Defendants had no justification for the caution.

Reasoning

The suit land was registered in the name of the late Taptele W/O Nyige. It was common ground that the land was divided among her heirs in accordance with the rectified Confirmation of Grant dated 30th July 2012, which allotted the Plaintiff 0.525 HA. The Defendants produced no evidence that the grant had been revoked; the 2nd Defendant's claim that he had applied to annul the grant was unsupported by any document. Their caution therefore unjustifiably denied the Plaintiff her rightful share.

p. 2

Legal principles established

#
  • A beneficiary named in a confirmed (rectified) grant of representation is entitled to the share allocated in the grant, and a caution lodged without justification to defeat that share should be removed.
  • The standard of proof in civil claims is a balance of probabilities.

Court orders

#
  1. 1.The caution lodged by the Defendants on 25th August 2008 in respect of land parcel number KERICHO/KABIANGA/932 be removed forthwith
  2. 2.The Executive Officer of the court is directed to execute all the necessary documents in respect of land parcel KERICHO/KABIANGA/932 to effect the same in terms of the rectified Certificate of Confirmation of Grant dated 30th July 2012 issued in Kericho HC Succession Cause No. 109 of 2009
  3. 3.The costs of the suit be borne by the Defendants
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land parcel KERICHO/KABIANGA/932 (removal of caution); succession rights derived from Kericho HC Succession Cause No. 109 of 2009

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Grace Chepkwony v Musa Kipkoske Chepkwony & 2 others [2018] KEELC 4192 (KLR)", Case Analysis (2018). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4192/eng@2018-02-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.