[2012] KEHC 2409 (KLR)

[2012] KEHC 2409 (KLR)

The court found that the objector/applicant was not declared a beneficiary in the petition for grant of letters of administration, which constituted a material non-disclosure under section 76 of the Law of Succession Act. The failure by the petitioner to disclose that the objector was a child of the deceased was sufficient ground to annul the grant. The court further held that any renunciation of rights by the objector should have been done openly and on record, which was not the case. Consequently, the court allowed the application, revoked the grant, ordered a fresh and fair distribution of the estate, and issued an inhibition order to preserve the subject property.

Citation
[2012] KEHC 2409 (KLR)
Parties
Petitioner: Zipporah Karuru Inoti; Applicant: Beth Mpinda
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
31 July 2012
Case Number
Succession Cause 361 of 2010
Procedural Posture
Succession Cause / Ruling on Application for Annulment of Grant and Inhibition
Outcome
Application allowed. Grant revoked. Inhibition order issued. Fresh distribution ordered. Costs to petitioner/respondent.
Legal Topics
Revocation of Grant, Non Disclosure of Beneficiaries, Distribution of Estate, Inhibition Orders
Source Language
English
Family and Children Land and Property Revocation of Grant Non Disclosure of Beneficiaries Distribution of Estate Inhibition Orders

Case Brief

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Parties

Zipporah Karuru Inoti

Petitioner

Beth Mpinda

Applicant

Procedural Posture

Succession Cause / Ruling on Application for Annulment of Grant and Inhibition

Legal Issues

  1. 1 Whether the grant of letters of administration should be annulled due to non-disclosure of a beneficiary.
  2. 2 Whether the omission of the applicant/objector as a beneficiary was material non-disclosure justifying revocation of the grant.
  3. 3 Whether an order of inhibition should be issued to preserve the estate property pending fresh distribution.

Ratio Decidendi

The court found that the objector/applicant was not declared a beneficiary in the petition for grant of letters of administration, which constituted a material non-disclosure under section 76 of the Law of Succession Act. The failure by the petitioner to disclose that the objector was a child of the deceased was sufficient ground to annul the grant. The court further held that any renunciation of rights by the objector should have been done openly and on record, which was not the case. Consequently, the court allowed the application, revoked the grant, ordered a fresh and fair distribution of the estate, and issued an inhibition order to preserve the subject property.

Court Disposition

Application allowed. Grant revoked. Inhibition order issued. Fresh distribution ordered. Costs to petitioner/respondent.

Orders

  • An order of inhibition is issued against L.R.NO.NTIMA/NTAKIRA/178.
  • The confirmed grant of letters of administration dated 2/11/2011 issued to the petitioner/respondent is revoked or annulled.