[2010] KEHC 3859 (KLR)
The court found that the petitioner (Muchiri Chege Kabugi) failed to disclose all beneficiaries of the deceased's estate and understated the value of the estate property in the application for grant of letters of administration. The evidence established material non-disclosure and the making of a false statement,...
Source-derived case information.
- Citation
- [2010] KEHC 3859 (KLR)
- Parties
- Applicant: Chege Njuguna; Respondent: Muchiri Chege Kabugi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 56 of 1996
- Procedural Posture
- Miscellaneous Application / Ruling on Summons for Revocation of Grant
- Outcome
- Summons for revocation or annulment of grant allowed.
- Judges
- JK Sergon
- Legal Topics
- Revocation of Grant, Non Disclosure of Beneficiaries, False Statement in Probate, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chege Njuguna
Applicant
Muchiri Chege Kabugi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained by concealment of material facts or by making a false statement.
- 2 Whether all beneficiaries of the deceased's estate were disclosed to the court.
- 3 Whether the value of the estate property was accurately disclosed.
Ratio Decidendi
The court found that the petitioner (Muchiri Chege Kabugi) failed to disclose all beneficiaries of the deceased's estate and understated the value of the estate property in the application for grant of letters of administration. The evidence established material non-disclosure and the making of a false statement, both of which are grounds for revocation of a grant under Section 76 of the Law of Succession Act. The absence of the respondent at the hearing and the unchallenged evidence of the applicant further supported the conclusion that the grant was improperly obtained. Consequently, the court allowed the summons for revocation or annulment of the grant as prayed.
Court Disposition
Summons for revocation or annulment of grant allowed.
Orders
- The grant of letters of administration intestate issued to Muchiri Chege Kabugi on 19th September 1995 and confirmed on 15th November 1995 is revoked or annulled as prayed in the summons dated 2nd May 1996.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Miscellaneous Application 56 of 1996
CHEGE NJUGUNA........................................APPLICANT
Versus
MUCHIRI CHEGE KABUGI & 7 OTHERS............RESPONDENTS
RULING
Muchiri Chege Kabugi, the petitioner herein, was issued with letters of administration intestate in respect of the estate of Njuguna Chege, deceased on 19th September 1995 by the Murang’a Senior Resident Magistrate’s court. The aforesaid grant was confirmed on 15th November 1995. In the certificate of confirmation the following were named as the beneficiaries of the estate:
Muchiri Chege, Mwangi Njoroge Mwangi, Chege Mwangi, Wangari Njuguna and Njoki Njuguna. The aforesaid beneficiaries shared the parcel of land known as Loc.2/Mairi/73. The value of the aforesaid land was estimated at Kshs. 90,000/=. Chege Njuguna, the applicant/objector herein, took out a summons for revocation of grant dated 2nd May 1996 in which he applied for the grant to be revoked. Directions were given to dispose of the application by oral evidence.
When the summons came up for hearing, the petitioner did not turn up despite having been served with notice. Consequently the applicant/objector proceeded exparte. Chege Njuguna (P.W.1) told this court that Muchiri Chege obtained the grant by concealing material facts and by making a false statement. He said that the petitioner mentioned the names of five people as surviving the deceased yet he was aware that 17 people survived the deceased. P.W.1 further stated that the parcel of land known as Loc. 2/Mairi/73 measuring 19 acres was worth more than Kshs. 90,000/=. It is the evidence of P.W.1 that an acre of land within the neighbourhood was over 90,000/=. On the basis of the above evidence this court was urged to revoke the grant.
I have considered the evidence tendered. It is obvious from the evidence of P.W.1 that the petitioner did not disclose the true value of the parcel of land known as Loc.2/Mairi/73. It has also emerged from the evidence of P.W.1 that the petitioner did not mention all the beneficiaries of the estate of Njuguna Chege, deceased. From the evidence presented to this court I am convinced that the petitioner is guilty of material non-disclosure of relevant facts. I also find that the petitioner obtained the grant by the making of a false statement. He understated the value of the property.
In the end I allow the summons for revocation or annulment of grant dated 2nd May 1996 as prayed.
Dated and delivered this 22nd day of January 2010.
J.K. SERGON
JUDGE
In the absence of Mindo.
J.K. SERGON
JUDGE