[2017] KEHC 4453 (KLR)

[2017] KEHC 4453 (KLR)

The court found that the objector was not truthful in his claim of being excluded from the administration of the estate, as evidence showed he participated in the sale of part of the estate and was consulted throughout. The petitioner provided for both houses equally, and the absence of affidavits from other siblings supporting the objection indicated their satisfaction with the proposed distribution. The objector could not claim to act on behalf of his siblings without their authority. Therefore, the application for revocation of the grant lacked merit and was dismissed.

Citation
[2017] KEHC 4453 (KLR)
Parties
Respondent: Fredrick O. Ojuma; Applicant: Charles E. Ojuma
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
17 July 2017
Case Number
Probate & Administration 61 of 2001
Procedural Posture
Probate and Administration / Ruling on Application for Revocation of Grant
Outcome
application dismissed
Judges
KW Kiarie
Legal Topics
Succession, Revocation of Grant, Non Disclosure of Heirs, Distribution of Estate
Source Language
English
Family and Children Succession Revocation of Grant Non Disclosure of Heirs Distribution of Estate

Case Brief

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Parties

Fredrick O. Ojuma

Respondent

Charles E. Ojuma

Applicant

Procedural Posture

Probate and Administration / Ruling on Application for Revocation of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration should be revoked for non-disclosure of all heirs and the existence of two wives.
  2. 2 Whether the petitioner failed to provide for all beneficiaries of the deceased's estate.
  3. 3 Whether the objector had authority to act on behalf of other siblings.

Ratio Decidendi

The court found that the objector was not truthful in his claim of being excluded from the administration of the estate, as evidence showed he participated in the sale of part of the estate and was consulted throughout. The petitioner provided for both houses equally, and the absence of affidavits from other siblings supporting the objection indicated their satisfaction with the proposed distribution. The objector could not claim to act on behalf of his siblings without their authority. Therefore, the application for revocation of the grant lacked merit and was dismissed.

Court Disposition

application dismissed

Orders

  • The application for revocation and annulment of the grant is dismissed.
  • Each party to bear own costs.