[2016] KEHC 1519 (KLR)
The court found that the applicant, Anjeline Hono Juma, was the only surviving sibling of the deceased, George Otieno Ayere, and that the respondent, Albert Dibondo Imbaya, failed to disclose this material fact when applying for the grant of letters of administration. The respondent did not serve the applicant with...
Source-derived case information.
- Citation
- [2016] KEHC 1519 (KLR)
- Parties
- Applicant: Anjeline Hono Juma; Respondent: Albert Dibondo Imbaya
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 6 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked; applicant appointed administrator; property to revert to estate
- Judges
- DAS Majanja
- Legal Topics
- Succession, Revocation of Grant, Priority of Administration, Non Disclosure, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anjeline Hono Juma
Applicant
Albert Dibondo Imbaya
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to the respondent should be revoked due to non-disclosure of the applicant's status as the only surviving sibling of the deceased.
- 2 Whether the applicant is entitled to be appointed as the administrator of the deceased's estate.
- 3 Whether the property acquired by the respondent should revert to the estate of the deceased.
Ratio Decidendi
The court found that the applicant, Anjeline Hono Juma, was the only surviving sibling of the deceased, George Otieno Ayere, and that the respondent, Albert Dibondo Imbaya, failed to disclose this material fact when applying for the grant of letters of administration. The respondent did not serve the applicant with citation proceedings and did not contest the application for revocation. The court held that under section 66 of the Law of Succession Act, the applicant had priority to administer the estate. Consequently, the grant issued to the respondent was revoked, the applicant was appointed as administrator, and all entries based on the revoked grant were set aside, with the property...
Court Disposition
grant revoked; applicant appointed administrator; property to revert to estate
Orders
- The grant of letters of administration issued to Albert Dibondo Imbaya is revoked.
- Anjeline Hono Juma is appointed administrator of the deceased's estate.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT KISUMU
SUCCESSION CAUSE NO. 6 OF 2012
IN THE MATTER OF THE ESTATE OF
GEORGE OTIENO AYERE (DECEASED)
BETWEEN
ANJELINA HONO JUMA.................................................APPLICANT
AND
ALBERT DIBONDO IMBAYA..............PETITIONER/RESPONDENT
RULING
1. George Otieno Ayeredied on 3rd May 2010. He died without a wife or child. Albert Dibondo Imbaya applied for the grant of letters of administration on the ground that he was a purchaser of his property known as EAST UGENYA/KATHIENO ‘A’/14 after the court granted him leave to do so. He subsequently issued with a grant of letters of administration on 7th June 2012. The same was confirmed on 7th May 2013 and a certificate issued accordingly with the result that he acquired the deceased’s only asset EAST UGENYA/KATHIENO 'A'/14.
2. The application before the court is the summons for revocation of grant dated 23rd July 2012 by ANJELINE HONO JUMA claiming that she is the only surviving sibling of the deceased and that the petitioner failed to disclose this fact to the court. Moreover, she claims that she was not served with citation proceedings and as such the court should revoke the grant. She also claims that the petitioner has taken over the suit land and intends to evict her from it.
3. The summons was fixed by consent for hearing today 29th November 2016 by the advocates for the parties. Neither the petitioner nor his advocate turned up hence I directed that the matter to proceed.
4. Angeline Hono Jumatold the court that her fatherOtieno Ayereand motherMargarita Ogombahad a total of nine children but only herself and George Otieno Ayere survived to adulthood. George died without a wife or children and left behind the land on which she has settled. On the basis of uncontested evidence I find that Anjeline Hono Juma is the only survivor to the deceased and accordingly under section 66 of the Law of Succession Act (Chapter 160 of the Laws of Kenya) she is the person remaining in priority to administer the estate. I also note that since the summons for revocation was filed, the petitioner has not filed any replying affidavit.
5. I therefore revoke the grant issued toAlbert Dibondo Imbaya. Anjeline Ahono Jumais hereby appointed the administrator of the deceased's estate. Further, all entries grounded on the grant issued to Albert Dibondo Imbaya in parcel EAST UGENYA KATHIONO 'A'/14 are hereby set aside and the property shall revert to GEORGE OTIENO AYERE.
6. The administrator shall file and serve the application for confirmation within 30 days from today.
DATED and DELIVERED at KISUMU this 24th day of November 2016
D. S. MAJANJA
JUDGE
Ms Aron instructed by Okong’o, Wandago & Company Advocates for the applicant.
Ken Omolo & Company Advocates for the petitioner/respondent.