In re Estate of Alfred Kiplamai Bor (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Eldoret
Category
Civil
Judge(s)
H.A. Omondi
Judgment Date
May 05, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Alfred Kiplamai Bor (Deceased) [2020] eKLR, detailing key legal findings and implications for estate management.


Case Brief: In re Estate of Alfred Kiplamai Bor (Deceased) [2020] eKLR

1. Case Information
- Name of the Case: Republic of Kenya v. Irene Zippy C. Kiplamai
- Case Number: Probate and Administration Cause No. 17 of 2018
- Court: High Court of Kenya at Eldoret
- Date Delivered: May 5, 2020
- Category of Law: Civil
- Judge(s): H.A. Omondi
- Country: Kenya

2. Questions Presented
The court must resolve the following central legal issues:
- Was there intermeddling with the estate of the deceased?
- Should the respondents render accounts of rental proceeds from the property known as ELDORET/MUNICIPALITY BLOCK 14/8500?
- Should the orders for injunction be issued against the respondents?

3. Facts of the Case
The case involves the estate of Alfred Kiplamai Bor, who passed away on October 16, 2017. The petitioner, Irene Zippy C. Kiplamai, applied for and was granted letters of administration intestate on July 25, 2018, claiming to be the widow of the deceased. The respondents, Benjamin Kiptanui Lamai, Felix Lamai, and Emmanuel Kiptoo Lamai, contested her application, alleging that she obtained the grant fraudulently without the consent of other beneficiaries. The respondents admitted to collecting rental income from the estate property, ELDORET/MUNICIPALITY BLOCK 14/8500, without proper authority.

4. Procedural History
The case progressed through multiple applications:
- The first application dated February 22, 2019, sought to restrain the respondents from leasing or interfering with the estate property and to compel them to account for rental income.
- The respondents opposed this application, arguing that the petitioner failed to involve other beneficiaries and that the grant was fraudulently obtained.
- Subsequent applications were made to revoke the grant of letters of administration on grounds of procedural defects and lack of consent from other beneficiaries.

5. Analysis
- Rules: The relevant statutes include Section 45 of the Law of Succession Act, which prohibits unauthorized intermeddling with a deceased's estate, and Section 79, which vests the estate in the administrator.
- Case Law:
- In *Veronica Njoki (deceased) [2013] eKLR*, the court emphasized that only a holder of a grant can handle the deceased's property, and intermeddling is a criminal offense.
- In *In Re Estate of David Livingstone Loka Injene (Deceased) [2019] eKLR*, it was established that being a relative does not grant authority to manage the estate without a grant.
- Application: The court found that while the respondents were collecting rent without a grant, the family had reached a consensus on how to manage the estate pending the grant. Thus, the court determined that there was no criminal intermeddling. However, it ordered the respondents to render accounts of the rental proceeds, acknowledging the need for transparency in the estate's management.

6. Conclusion
The court ruled that while the respondents' actions did not constitute intermeddling, they were required to provide an account of the rental income collected. The injunction against further collection of rent was granted to preserve the estate's integrity until a proper resolution regarding the grant of administration was achieved.

7. Dissent
There were no dissenting opinions noted in this ruling as it appears to be a singular judgment from Judge H.A. Omondi.

8. Summary
The case underscores the importance of adhering to legal processes in estate administration, particularly the necessity of obtaining consent from all beneficiaries. It highlights the balance between familial agreements and legal authority in managing a deceased's estate, emphasizing the court's role in ensuring fair and just administration of estates under the Law of Succession Act.

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