Tabsabei Chelangat Chumo v Samwel Kipkemoi Chumo & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO SUCCESSION CAUSE 88 OF 2008 IN THE MATTER OF THE ESTATE OF THE LATE TABSABEI CHELANGAT CHUMO ………….....……DECEASED AND SAMWEL KIPKEMOI CHUMO ……..………) 1ST PETITIONER JOHANA KIPLANGAT CHUMO…....……….) 2ND PETITONER RULING Grant of probate of letters of administration intestate I: Summons for confirmation of grant dated 2nd June, 2009 1. This cause is definitely irregular and suspect. 2. The deceased, a female adult aged 85 years old called Tabsabei Chelangat Chumo passed away on 12th March, 2008. The cause of death being cardiac –cerebral malaria. 3. On 2nd July, 2008 grant of letters intestate was applied for. A Kenya gazette was signed by the deputy register and not the judge as is required where there is a High Court on the very same date of 2nd July, 2008. There was no request to the principal registry. 4. Temporary grant was issued on 22nd September, 2008 (G.B.M. Kariuki J). 5. When the application was applied for and dated 2nd June, 2009 it was further transpired that there were purchasers of land probably sold without the knowledge of the deceased. 6. This may have been irregular and may require to be established. II: Findings 7. The application for confirmation of grant is rejected. The original death certificate be deposited to Court. The said form P&A 57 be registered at the lands department P&A 5 to disclosed the relationship to the deceased. The said apparent be disclosed.

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