[2012] KEHC 4245 (KLR)
The court found that vesting the entire estate in Erastus Thuo Kariuki was improper as he was not the sole heir; the deceased was survived by three sons. The administrator failed to disclose the existence of other heirs and did not respond to the application for revocation. The court held that the grant and its...
Source-derived case information.
- Citation
- [2012] KEHC 4245 (KLR)
- Parties
- Applicant: Bernard Kariuki Mwangi; Respondent: Erastus Thuo Kariuki; Respondent: Amos Chege Kariuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2807 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Grant revoked; fresh grant to issue to all three sons; prior dealings cancelled.
- Judges
- D Schofield
- Legal Topics
- Revocation of Grant, Administration of Estates, Distribution of Estate, Succession Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Kariuki Mwangi
Applicant
Erastus Thuo Kariuki
Respondent
Amos Chege Kariuki
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration and its confirmation in favour of only one son was proper given the existence of other heirs.
- 2 Whether the estate should have vested solely in Erastus Thuo Kariuki to the exclusion of other surviving sons.
- 3 Whether the grant should be revoked and a fresh grant issued to all surviving heirs.
Ratio Decidendi
The court found that vesting the entire estate in Erastus Thuo Kariuki was improper as he was not the sole heir; the deceased was survived by three sons. The administrator failed to disclose the existence of other heirs and did not respond to the application for revocation. The court held that the grant and its confirmation were wrongly issued and must be revoked. A fresh grant should be made to all three surviving sons, who are entitled to jointly administer and share in the estate. Any dealings or registrations made pursuant to the revoked grant are to be cancelled and the estate restored to the deceased's name pending proper administration and distribution.
Court Disposition
Grant revoked; fresh grant to issue to all three sons; prior dealings cancelled.
Orders
- The grant made on 2.11.1998 to Erastus Thuo Kariuki and its confirmation are revoked.
- A fresh grant shall be made to Bernard Kariuki Mwangi, Amos Chege Kariuki, and Erastus Thuo Kariuki jointly.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI LAW COURTS
Succession Cause 2807 of 2006
IN THE MATTER OF THE ESTATE OF ELIZABETH NJOKI KARIUKI (DECEASED)
RULING
A grant of Letters of Administration intestate was made to Erastus Thuo Kariukion 2nd November 1998. It was confirmed on 26. 5.1999 when a Certificate of Confirmation of a Grant was issued. The estate of the deceased was identified and in the Affidavit in support of the Application for Confirmation of Grant, the Administrator, Erastus Thuo Kariuki, averred that the Estate of the deceased should vest in his name in its totality. The Estate comprises of;
a)Land Parcel No.Kikuyu/Kikuyu/Block 1/56
b)ICDC Account No.06729606; ICDC Certificate No.11071
c)ICDC Certificate No.036962;
d)Postbank A/C No.KLIM 2979;
e)E.A.B.S. A/C No.53237;
f)Kenya Breweries A/C NO.0036005-66/RHM/88;
g)Karai Farmers Coop Soc. – Ballot No.23;
h)ICDC Investments Co. Ltd.
The deceased, Elizabeth Njoki Kariuki, died on 11. 12. 1995, and was survived by three sons, namely Erastus Thuo Kariuki, Bernard Kariuki Mwangi and Amos Chege Kariuki.
Bernard Kariuki Mwangi filed an application by a summons dated 6. 10. 2009 seeking revocation of the Grant. The Administrator, Erastus was served with it severally but did not file any Replying Affidavit or attend court.
It is my finding that the decision to vest the entire estate in Erastus Thuo Mwangi alias Erastus Thuo Kariuki was wrong as he was not the only child and heir of the deceased.
Accordingly, I revoke the Grant made on 2. 11. 1998 to Erastus Thuo Kariuki and the Confirmation thereof.
I direct that a fresh Grant shall be made to all the three surviving sons of the deceased namely Bernard Kariuki Mwangi, Amos Chege Kariuki and Erastus Thuo Kariuki. The new Administrators shall proceed to apply for confirmation of the Grant and distribution of the Estate.
Any registration of any dealing in the title No.Kikuyu/Kikuyu/Block1/256 from the name of the deceased shall forthwith be cancelled and the title restored in the name of the deceased, Elizabeth Njoki Kariuki. Similarly, the shares held by the deceased in the various bodies shall be restored to the deceased’s name.
Dated at Milimani Law Courts, Nairobi, this 16th day
of February 2012.
G.B.M. KARIUKI, SC
JUDGE
COUNSEL APPEARING
Mr. Bernard Kariuki Mwangi the Applicant in person
Ms Pamela Osodo - Court Clerk