[2016] KEHC 680 (KLR)
The court found that the applicant had established that the grant was obtained by the petitioner through concealment of material facts, including the omission of other beneficiaries and undisclosed assets. The petitioner also failed to respond to the application or provide any justification for his actions, and did...
Source-derived case information.
- Citation
- [2016] KEHC 680 (KLR)
- Parties
- Petitioner: Charles Michira Mogoi; Objector: Paurina Nyaboke Mogoi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 126 of 2006
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application for revocation of grant allowed; grant revoked; fresh grant issued jointly; suit land parcels to revert to deceased's name; parties to bear own costs.
- Judges
- WA Okwany
- Legal Topics
- Revocation of Grant, Non Disclosure of Beneficiaries, Priority of Administration, Estate Administration, Land Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Michira Mogoi
Petitioner
Paurina Nyaboke Mogoi
Objector
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant was obtained fraudulently by concealment of material facts or false statements.
- 2 Whether the petitioner failed to diligently administer the estate and disclose all beneficiaries and assets.
- 3 Whether the applicant/objector has a higher priority in administration of the estate.
Ratio Decidendi
The court found that the applicant had established that the grant was obtained by the petitioner through concealment of material facts, including the omission of other beneficiaries and undisclosed assets. The petitioner also failed to respond to the application or provide any justification for his actions, and did not diligently administer the estate as required by law. The court held that these failures warranted revocation of the grant under Section 76 of the Law of Succession Act. The court further ordered that a fresh grant be issued in the joint names of the petitioner and the objector, and that all the suit land parcels revert to the name of the deceased pending proper distribution...
Court Disposition
application for revocation of grant allowed; grant revoked; fresh grant issued jointly; suit land parcels to revert to deceased's name; parties to bear own costs.
Orders
- The grant issued to the petitioner on 22nd September 2006 and confirmed on 4th July 2008 is revoked.
- A fresh grant is issued in the joint names of the petitioner and the applicant/objector.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
SUCCESSION CAUSE NO. 126 OF 2006
CHARLES MICHIRA MOGOI..........PETITIONER
AND
PAURINA NYABOKE MOGOI….......OBJECTOR
RULING
1. Through Summons for Revocation of grant dated 6th March, 2016 and brought under Section 16 Law of Succession Act, the Objector herein PAURINA NYABOKE MOGOI, sought the revocation of the grant issued to the petitioner herein on 22nd September 2006 and confirmed on 4th July 2008. The said application was premised on the grounds that:
1. The grant was obtained fraudulently by the making of a false statement or by the concealment from court of something material to the case.
2. The grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently.
3. The person to whom the grant was made has failed, after due notice and without reasonable cause
i. To proceed diligently with the administration of the estate.
ii. To produce to the court within the time prescribed, any such inventory or account of administration as is required by the provisions of paragraphs (e) and (g) of section 83.
2. The application was also supported by the applicant’s affidavit dated 6th March 2016 in which she states that the petitioner concealed the names of 5 other beneficiaries to the estate and did not disclose that the deceased also had other property known as N. Nyaribari chache B/B/Boburia/73.
3. The applicant also depones that the petitioner is not the eldest son of the deceased as he had alleged and that the applicant, by virtue of the fact that she is a daughter in law to the deceased, ranks higher in priority to the petitioner.
4. It is the applicant’s case that the deceased estate, comprising of Land Parcel No. Nyaribari Chache/Keumbu/1157 has since the confirmation of grant been subdivided into 20 parcels of land to wit, Nyaribari Chache/Keumbu/3645, 3646, 3647, 3648, 3649, 3650, 3651, 3652, 3653, 3654, 3655, 3656, 3657, 3658, 3659, 3660, 3661, 3662 and 3663 (hereinafter referred to as the “suit land parcels”) all registered in the name of the petitioner while title No. Nyaribari Chache/Keumbu/1158 has since been transferred to one Darius Nyangwara Mogoi.
5. The petitioner/respondent did not file any replying affidavit to the application despite having been duly served with the said application and therefore the application stands unopposed.
6. I have considered the summons for revocation of grant and the affidavit in its support. I am satisfied that the said application has merit and I allow it as prayed. Consequently, I make orders as follows:
a. The grant issued to the petitioner on 22nd September 2006 and confirmed on 4th July 2008 is hereby revoked and in its place, a fresh grant is issued in the joint names of the petitioner and the applicant/Objector.
b. Land parcel No. Nyaribari Chache/Keumbu/1158 and the rest of the suit land parcels shall revert back to the name of the deceased to await distribution to the deserving beneficiaries.
c. The parties herein are at liberty to make a joint application for confirmation of grant or alternatively, one party makes the said application with the other party filing an affidavit of protest.
d. Each party shall bear his or her own costs of this application.
Dated, signed and delivered in open court this 6th day of December, 2016
HON. W. A OKWANY
JUDGE
In the presence of:
N/A for the Objector
N/A for the Respondent
Omwoyo: court clerk