[2012] KEHC 1485 (KLR)

[2012] KEHC 1485 (KLR)

The court found that the administrators obtained the grant of representation by concealing the existence of a previous succession cause (No. 489 of 1998) and failing to disclose material facts to the court. The respondents did not provide any explanation for this omission. The court held that such concealment...

Source-derived case information.

Citation
[2012] KEHC 1485 (KLR)
Parties
Applicant: Anthony Maina Kimani; Applicant: Margaret Wangechi Wainaina; Applicant: Florence Wambui Ikumu; Applicant: Joseph Wambugu Waithaka; Applicant: Sammy Kamau Chegeh; Respondent: Hannah Wanjiru; Respondent: John Mwangi Kahono; Respondent: Henry Njuguna Kahono
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
26 October 2012
Case Number
Succession Cause 87 of 2005
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Outcome
Application for revocation of grant allowed.
Judges
MJA Emukule
Legal Topics
Revocation of Grant, Concealment of Material Facts, Fraud in Succession, Administration of Estates
Source Language
english
Family and Children Revocation of Grant Concealment of Material Facts Fraud in Succession Administration of Estates

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Summary, issues, holding and outcome

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Parties

Anthony Maina Kimani

Applicant

Margaret Wangechi Wainaina

Applicant

Florence Wambui Ikumu

Applicant

Joseph Wambugu Waithaka

Applicant

Sammy Kamau Chegeh

Applicant

Hannah Wanjiru

Respondent

John Mwangi Kahono

Respondent

Henry Njuguna Kahono

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Revocation of Grant

Legal Issues

  1. 1 Whether the grant of representation issued on 6th October 2010 should be revoked for concealment of material facts and fraud.
  2. 2 Whether the administrators failed to disclose the existence of a previous succession cause relating to the same estate.
  3. 3 Whether the applicants, as purchasers of the estate land, were unlawfully excluded from the confirmation of grant.

Ratio Decidendi

The court found that the administrators obtained the grant of representation by concealing the existence of a previous succession cause (No. 489 of 1998) and failing to disclose material facts to the court. The respondents did not provide any explanation for this omission. The court held that such concealment amounted to fraud under Section 76 of the Law of Succession Act, warranting revocation of the grant. The court emphasized that a new succession cause cannot be properly commenced in respect of the same estate without first revoking or annulling the earlier grant. The applicants, as purchasers, were also unlawfully excluded from the confirmation of the grant. Consequently, the court...

Court Disposition

Application for revocation of grant allowed.

Orders

  • The grant issued to Hannah Wanjiru, John Mwangi Kahono, and Henry Njuguna Kahono on 6th October 2010 is revoked.
  • Applicants are awarded the costs of the application.