[2004] KEHC 2740 (KLR)

[2004] KEHC 2740 (KLR)

The court found that since the Petitioner conceded to the application for revocation and annulment of the Grant of Letters of Administration, there was no contest as to the impropriety of the original grant. However, the court declined to revoke the registration of the specific parcels of land in the Petitioner's name until all assets of the deceased are properly listed and ready for distribution. The court emphasized that the proper procedure requires a full inventory and listing of assets before any distribution or deregistration can occur. The court further ordered that the prohibitory order on the estate assets remain in force until the succession cause is fully determined, ensuring...

Citation
[2004] KEHC 2740 (KLR)
Parties
Applicant: Elizabeth Nyanchama Birundu; Applicant: Eunice Birundu; Applicant: Mary Birundu; Applicant: Anastacia Birundu; Applicant: Clemencia Birundu; Respondent: Elizabeth Kemunto Nyantika
Court
High Court
Court Station
High Court at Nyandarua
Jurisdiction
Kenya
Judgment Date
18 May 2004
Case Number
? 278 of 2002
Procedural Posture
Succession Cause / Ruling on Application for Revocation/annulment of Grant
Outcome
Application for revocation and annulment of grant allowed; grant revoked; fresh grant issued jointly; deregistration of land rejected at this stage; prohibitory order to remain.
Judges
K Bauni
Legal Topics
Revocation of Grant, Letters of Administration, Succession Procedure, Estate Distribution
Source Language
English
Family and Children Revocation of Grant Letters of Administration Succession Procedure Estate Distribution

Case Brief

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Parties

Elizabeth Nyanchama Birundu

Applicant

Eunice Birundu

Applicant

Mary Birundu

Applicant

Anastacia Birundu

Applicant

Clemencia Birundu

Applicant

Elizabeth Kemunto Nyantika

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Revocation/annulment of Grant

Legal Issues

  1. 1 Whether the Grant of Letters of Administration issued to the Petitioner should be revoked or annulled.
  2. 2 Whether the registration of land in the Petitioner's name should be revoked pending proper listing and distribution of assets.

Ratio Decidendi

The court found that since the Petitioner conceded to the application for revocation and annulment of the Grant of Letters of Administration, there was no contest as to the impropriety of the original grant. However, the court declined to revoke the registration of the specific parcels of land in the Petitioner's name until all assets of the deceased are properly listed and ready for distribution. The court emphasized that the proper procedure requires a full inventory and listing of assets before any distribution or deregistration can occur. The court further ordered that the prohibitory order on the estate assets remain in force until the succession cause is fully determined, ensuring...

Court Disposition

Application for revocation and annulment of grant allowed; grant revoked; fresh grant issued jointly; deregistration of land rejected at this stage; prohibitory order to remain.

Orders

  • Grant of Letters of Administration issued on 18th February 2003 is revoked.
  • Fresh Letters of Administration to be granted in the joint names of the Objector and the Petitioner.