[2006] KEHC 40 (KLR)

[2006] KEHC 40 (KLR)

The court found that the respondents obtained a second grant in Kerugoya Succession Cause No. 52/2002 while a prior grant in respect of the same estate was still in force and under appeal in Nairobi Appeal No. 188/1995. The respondents failed to disclose the existence of the earlier grant and the pending appeal to...

Source-derived case information.

Citation
[2006] KEHC 40 (KLR)
Parties
Appellant: Francis Thiaka Njagi; Appellant: James Njagi Thiaka; Appellant: Justin Ngugi Thiaka; Respondent: Mary Kanini Muriithi; Respondent: Francis Wachira Muriithi; Respondent: Joseph Waweru Muriithi; Respondent: Stephenson Gikunju Thiaka
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
? 29 of 2005
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application allowed
Legal Topics
Annulment of Grant, Probate and Administration, Non Disclosure of Material Facts
Source Language
en
Civil Procedure Family and Children Annulment of Grant Probate and Administration Non Disclosure of Material Facts

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Summary, issues, holding and outcome

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Parties

Francis Thiaka Njagi

Appellant

James Njagi Thiaka

Appellant

Justin Ngugi Thiaka

Appellant

Mary Kanini Muriithi

Respondent

Francis Wachira Muriithi

Respondent

Joseph Waweru Muriithi

Respondent

Stephenson Gikunju Thiaka

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the grant was obtained by non-disclosure of material facts.
  2. 2 Whether the existence of an appeal in Nairobi Appeal No. 188/1995 precluded the issuance and confirmation of a second grant in Kerugoya Succession Cause No. 52/2002.
  3. 3 Whether the conduct of obtaining a second grant amounted to fraud.

Ratio Decidendi

The court found that the respondents obtained a second grant in Kerugoya Succession Cause No. 52/2002 while a prior grant in respect of the same estate was still in force and under appeal in Nairobi Appeal No. 188/1995. The respondents failed to disclose the existence of the earlier grant and the pending appeal to the court, which constituted non-disclosure of material facts and demonstrated fraudulent intent. The court held that such conduct justified the annulment of the second grant, as it was obtained improperly and in contravention of the Law of Succession Act. Accordingly, the application for annulment was allowed and orders were granted as prayed, with costs to the applicants.

Court Disposition

application allowed

Orders

  • The grant obtained in Kerugoya Succession Cause No. 52/2002 is annulled.
  • Costs awarded to the applicants.