[2020] KEHC 2415 (KLR)
The court found that the grant of letters of administration was obtained through defective proceedings and concealment of material facts, specifically the deliberate omission of the objector/applicant as a beneficiary and failure to comply with a prior court order regarding land distribution. The respondent admitted...
Source-derived case information.
- Citation
- [2020] KEHC 2415 (KLR)
- Parties
- Respondent: Esther Aoko Odiemo; Applicant: Moses Juma Ouma
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 49 of 2003
- Procedural Posture
- Probate Application / Ruling on Summons for Revocation or Annulment of Grant
- Outcome
- Grant of letters of administration revoked; parties appointed co-administrators; costs awarded against petitioner/respondent.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Revocation of Grant, Non Disclosure of Beneficiaries, Fraud in Administration, Co Administration, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Aoko Odiemo
Respondent
Moses Juma Ouma
Applicant
Procedural Posture
Probate Application / Ruling on Summons for Revocation or Annulment of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be revoked or annulled due to defective proceedings and non-disclosure of beneficiaries.
- 2 Whether the petitioner/respondent deliberately omitted the objector/applicant from the succession process.
- 3 Whether the previous court order regarding land distribution was complied with in the administration of the estate.
Ratio Decidendi
The court found that the grant of letters of administration was obtained through defective proceedings and concealment of material facts, specifically the deliberate omission of the objector/applicant as a beneficiary and failure to comply with a prior court order regarding land distribution. The respondent admitted non-compliance with the order, and there was no appeal against it. The court held that these failures amounted to fraud and justified revocation of the grant. Consequently, the grant confirmed on 4th November 2008 was revoked, and both the objector and the petitioner were appointed co-administrators. The petitioner was ordered to file a proposal for distribution that...
Court Disposition
Grant of letters of administration revoked; parties appointed co-administrators; costs awarded against petitioner/respondent.
Orders
- The grant of letters of administration confirmed on 4th November 2008 is revoked.
- The objector and the petitioner are appointed co-administrators of the estate.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO.49 OF 2003
IN THE MATTER OF THE ESTATE OF:
BENEAH ODIEMO..............................................................DECEASED
BETWEEN
ESTHER AOKO ODIEMO................PETITIONER/ RESPONDENT
AND
MOSES JUMA OUMA...............................OBJECTOR/APPLICANT
RULING
1. The objector/applicant herein moved the court by way of summons for revocation or annulment of grant filed in court on 3rd August 2015 under sections 76 & 83(d) of the Law of succession Act and Rule 44(1) of Probate and Succession Rules. He is seeking the following orders:
a) That the grant of letters of administration issued to Esther Aoko Odiemo be revoked and or annulled.
b) That the costs of this application be borne by the petitioner /respondent.
2. The application is premised on the following grounds:
a) That the proceedings to obtain the grant were defective in substance;
b) That the petitioner/respondent deliberately left out the name of the objector/applicant; and
c) That the petitioner concealed vital information which could have lured [sic] the objector/applicant to detect the process of succession.
3. The application was opposed on grounds that:
a) The applicant lacks capacity to contest the grant herein;
b) If the applicant has any claim, his redress lies in the Environment and Land Court.
4. I have perused the record herein and it was not disputed that there was a land dispute in Busia Senior Resident Magistrate’s Court No.26 of 2002. The applicant in that case was Beneah Ouma and the respondent was Priscillah T. Kenga. One of the orders was:
That the respondent Pricilla Taka Kenga and her son Moses be given 3 acres from parcel No. 600 in addition to family land No. Bukhayo/Matayos/42.
This is the basis on which this application has been brought before the court.
5. The applicant has contended that this order was not complied with and yet there was no appeal against it. The respondent averred that these orders were not complied with. Indeed she confirms the applicant’s contention.
6. I am therefore revoking the grant that was confirmed on 4th November 2008. Consequently the objector and the petitioner are made co-administrators herein.
7. I am making an order that the petitioner/respondent file a proposal for distribution that will factor in the order issued in Busia Senior Resident Magistrate’s Court No.26 of 2002 within 30 days. Failure to do so, the objector to be at liberty to file his proposal after the expiry of the 30 days.
8. It is abundantly clear that the petitioner/respondent acted fraudulently. She will bear the costs of this application.
DELIVERED and SIGNED at BUSIA this 3rdday of June, 2020
KIARIE WAWERU KIARIE
JUDGE