[2012] KEHC 1418 (KLR)
The court found that the applicant had demonstrated, through uncontroverted affidavit evidence and supporting documentation, that the respondent was not a beneficiary of the deceased's estate and had fraudulently obtained the grant of letters of administration by making false statements and concealing material...
Source-derived case information.
- Citation
- [2012] KEHC 1418 (KLR)
- Parties
- Respondent: Alfayo Amukhuma Nyamasi; Applicant: David Otuma Amwanda
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 27 of 1991
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application allowed; grant revoked
- Legal Topics
- Revocation of Grant, Fraudulent Obtainment of Grant, Concealment of Material Facts, Succession of Estate, Proprietorship of Land, Disinheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfayo Amukhuma Nyamasi
Respondent
David Otuma Amwanda
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained fraudulently by making false statements or concealment of material facts.
- 2 Whether the respondent was entitled to the grant as a beneficiary of the deceased's estate.
- 3 Whether the true survivors of the deceased were disinherited as a result of the respondent's actions.
Ratio Decidendi
The court found that the applicant had demonstrated, through uncontroverted affidavit evidence and supporting documentation, that the respondent was not a beneficiary of the deceased's estate and had fraudulently obtained the grant of letters of administration by making false statements and concealing material facts. The respondent's absence and failure to contest the application, coupled with evidence of his criminal conviction for fraud in relation to the estate, established sufficient grounds for revocation of the grant. The court concluded that the true survivors of the deceased had been disinherited as a result of the respondent's actions, and therefore, the grant was revoked as prayed.
Court Disposition
application allowed; grant revoked
Orders
- The grant of letters of administration made to Alfayo Amukhuma Makwata on 15th October 1991 and confirmed on 18th June 1992 is revoked and/or annulled.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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ALFAYO AMUKHUMA NYAMASI .........… PETITIONER/RESPPNDENT
AND
DAVID OTUMA AMWANDA ……………...………..…….. APPLICANT
R U L I N G
The Chamber Summons dated 8. 8.11 seeks orders that the grant of letter of Administration to the respondent, ALFAYO AMUKHUMA MAKWATA made on the 15th October 1991 and confirmed on the 18th June 1992 be revoked and or annulled on the following grounds that:-
a)The grant was obtained fraudulently by making of false statement or by concealment of material facts.
b)The grant was obtained by means of untrue allegations.
The application is supported by the affidavit in support sworn by the applicant DAVID OTUMA AMWANDA on 8. 8.2011.
According to the said affidavit, the applicant is the daughter of the deceased, AMWANDA MAKWATA who died on 6th September 1977. The deceased was the registered owner of L.P. NO. KISA/MUSHANGUBU/493. The grant of letters of Administration in the estate of the deceased was made to the respondent on 15th October, 1991 and confirmed on 18th June, 1992.
The applicant’s contention is that the respondent was not related to the deceased and falsely presented himself as a beneficiary to the court. That when the fraud was discovered the matter was reported to the police and the respondent was arrested, charged, convicted and sentenced in Kakamega CMCRC. No. 1230 of 1993.
The following are the true survivors of the deceased according to the applicant:-
Leonida Amakobe - Widow
David Otuma Amwanda- Son
Rapha Ayuma - Daughter
Simbi Makwata- Son
It is further averred by the applicant that the respondent had himself registered as the proprietor of land parcel No. KISA/MUSHANGUBU/493 thereby disinheriting the true survivors of the deceased.
No papers were filed in opposition to the application. When the application proceeded to hearing on 17. 7.12, the respondent was not present although duly served as per the affidavit of service sworn by the process server. The applicant’s affidavit evidence has not been controverted by any other evidence.
Consequently, I allow the application as prayed. Costs to the applicant.
Delivered, dated and signed at Kakamega this 24th day of October, 2012
B. THURANIRA JADEN
J U D G E