[2012] KEHC 4310 (KLR)

[2012] KEHC 4310 (KLR)

The court found that the applicants, being former employees of the deceased and not beneficiaries or representatives of the sole surviving heir, lacked locus standi to challenge the grant or to demand examination of the executor on oath. The court held that the matter could be determined on the basis of affidavits already filed, as the applicants had not demonstrated a sufficient legal interest or authority to act on behalf of the surviving daughter. The Law of Succession Act was cited to confirm that an oral will cannot override a written will that has not been revoked. Accordingly, the court directed that the matter proceed by way of affidavit evidence only, rejecting the request for...

Citation
[2012] KEHC 4310 (KLR)
Parties
Applicant: Anthony Mutahi Kimaru; Applicant: Nicholas Maina Wachira; Applicant: Francis Macharia Wachira; Applicant: Joseph M’Umbele M’Etitika; Applicant: Dabaso Halikano Hamo; Applicant: Fatuma Bashir Dabaso; Applicant: Charles Lombo M’Mwonoyo; Applicant: Wamuyu Kingori Kahuho; Applicant: Simon Njuguna Kibebe; Applicant: Samuel Mwingirwa Warui; Applicant: Samuel Wachiria Warui; Applicant: Francis Muriungi; Applicant: Rose Njoki Muchemi; Applicant: Lucy Nyaruwai Nderitu; Applicant: Wilson Kanyi Wanderi; Applicant: Samuel Tianda; Respondent: George Oraro
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
11 May 2012
Case Number
Succession Cause 2376 of 2010
Procedural Posture
Succession Cause / Directions on Mode of Hearing for Summons for Revocation of Grant
Outcome
Directions issued; matter to proceed by affidavit evidence only.
Judges
CN Mugo
Legal Topics
Succession, Revocation of Grant, Locus Standi, Oral Wills, Written Wills
Source Language
English
Family and Children Succession Revocation of Grant Locus Standi Oral Wills Written Wills

Case Brief

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Parties

Anthony Mutahi Kimaru

Applicant

Nicholas Maina Wachira

Applicant

Francis Macharia Wachira

Applicant

Joseph M’Umbele M’Etitika

Applicant

Dabaso Halikano Hamo

Applicant

Fatuma Bashir Dabaso

Applicant

Charles Lombo M’Mwonoyo

Applicant

Wamuyu Kingori Kahuho

Applicant

Simon Njuguna Kibebe

Applicant

Samuel Mwingirwa Warui

Applicant

Samuel Wachiria Warui

Applicant

Francis Muriungi

Applicant

Rose Njoki Muchemi

Applicant

Lucy Nyaruwai Nderitu

Applicant

Wilson Kanyi Wanderi

Applicant

Samuel Tianda

Applicant

George Oraro

Respondent

Procedural Posture

Succession Cause / Directions on Mode of Hearing for Summons for Revocation of Grant

Legal Issues

  1. 1 Whether the applicants have locus standi to challenge the grant of probate issued to the executors of the deceased's estate.
  2. 2 Whether the matter should proceed by way of affidavit evidence or oral evidence, including cross-examination of the executor.
  3. 3 Whether an oral will alleged by the applicants can override a written will left by the deceased.

Ratio Decidendi

The court found that the applicants, being former employees of the deceased and not beneficiaries or representatives of the sole surviving heir, lacked locus standi to challenge the grant or to demand examination of the executor on oath. The court held that the matter could be determined on the basis of affidavits already filed, as the applicants had not demonstrated a sufficient legal interest or authority to act on behalf of the surviving daughter. The Law of Succession Act was cited to confirm that an oral will cannot override a written will that has not been revoked. Accordingly, the court directed that the matter proceed by way of affidavit evidence only, rejecting the request for...

Court Disposition

Directions issued; matter to proceed by affidavit evidence only.

Orders

  • The matter shall proceed by way of affidavit evidence as earlier ordered.
  • No oral examination of the executor will be permitted.