[2008] KEHC 1780 (KLR)
The court found that the grant of representation was obtained fraudulently by the petitioner, Rebecca Nduku David, who failed to disclose all material facts, including the existence of other beneficiaries such as the two wives and their children. The evidence, including birth certificates and the deceased's own...
Source-derived case information.
- Citation
- [2008] KEHC 1780 (KLR)
- Parties
- Applicant: Virginia Wambui Mburu; Applicant: Rose Kaigongi Kienjeu; Respondent: Rebecca Nduku David; Respondent: Jackson Muriuki Mugo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 324 of 2005
- Procedural Posture
- Succession Application / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked; new grant to issue to three widows as joint administrators
- Legal Topics
- Revocation of Grant, Fraudulent Non Disclosure, Succession Beneficiaries, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Virginia Wambui Mburu
Applicant
Rose Kaigongi Kienjeu
Applicant
Rebecca Nduku David
Respondent
Jackson Muriuki Mugo
Respondent
Procedural Posture
Succession Application / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of representation was obtained fraudulently by concealment of material facts.
- 2 Whether all beneficiaries of the deceased were disclosed in the petition for grant.
- 3 Whether Jackson Muriuki Mugo was properly included as a co-administrator.
Ratio Decidendi
The court found that the grant of representation was obtained fraudulently by the petitioner, Rebecca Nduku David, who failed to disclose all material facts, including the existence of other beneficiaries such as the two wives and their children. The evidence, including birth certificates and the deceased's own declarations, established that the applicants were indeed wives of the deceased and mothers of his children. The chief's letter relied upon by the petitioner was found to be false and misleading. The court held that the omission of rightful beneficiaries and the inclusion of a non-beneficiary as co-administrator constituted sufficient grounds for revocation of the grant....
Court Disposition
grant revoked; new grant to issue to three widows as joint administrators
Orders
- The grant of representation issued to Rebecca Nduku David and Jackson Muriuki Mugo is revoked.
- A new grant shall issue to the three widows of the deceased, who shall jointly administer the estate.
Full Case Text
Judgment text and source record
40 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Succession Case 324 of 2005
IN THE MATTER OF THE ESTATE OF EVARISTUS NJAGI MUGO….DSD?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
VIRGINIA WAMBUI MBURU……...……………………….1ST APPLICANT
ROSE KAIGONGI KIENJEU……………………………….2ND APPLICANT
VERSUS
REBECCA NDUKU DAVID………………………………1ST RESPONDENT
JACKSON MURIUKI MUGO..………………………….2ND RESPONDENT
RULING
Summons for revocation of a grant issued to Rebecca Nduku David and Jackson Muriuki Mugo is filed by Virginia Wambui Mburu and Rose Kaigongi Kienjeu.
On the ground that the grant was obtained fraudulently and by concealment of something material to the cause.
The grant was obtained by means of untrue allegation of facts essential on a point of law to justify the grant.
That Jackson Muriuki Mugo is not a beneficiary and cannot be named as a co-administrator of the deceased estate and that there were two wives (the applicants) who should be co-Administrator with Rebecca Nduku David.The deceased was also survived by other children namely:-
1. Fednard Mugo Njagi.
2. Jackson Mutuma Njagi
3. Alois Nyaga Njagi
4. Benson Mburu
5. Boniface Gichunga.
The application is supported by affidavit showing that the petitioner omitted to include some of the beneficiaries (children of deceased) and the two wives.And that co-administrator Jackson Muriuki Mugo is not in preference in the list of preference as indicated under section 66 of Succession Act.The petitioner did not inform the applicants of the application for a Grant of Administration.In her affidavit the petitioner’s asserts that she and her children are the only survivors of the estate of deceased.The applicants were only friends of deceased.The Co-administrator says he is the brother of deceased and that the deceased never celebrated any marriage with any of the applicants and he was included in the estate because of the minor children of his brother.There is evidence that the deceased declared the first applicant as his spouse and listed the names of his children including:-
1. Fednard Mugo
2. Jackson Mutuma
4. Benson Mburu
5. Boniface Gichunga.
It is stated that the Respondent Rebecca Nduku had not given birth to any children with deceased.There is exhibited birth certificate which show that the children are of the Applicants.
I have considered the evidence of all the parties.It is clear that the deceased regarded the first applicant as his principal wife.She bore him children.The second applicant also borne him children.It is clear then that the chief’s letter of the chief dated 26/9/2005 was false.The petitioner was not the only wife and the three children stated in that letter were not born by her.She was silent as to the identities of their mothers.
It is my finding that the petitioner proceeded to obtain the grant of Representation of the estate of deceased fraudulently without disclosing all the facts concerning matters material to the case.The grant is hereby revoked.A grant shall issue to the three widows of deceased who shall jointly administer the estate of the deceased.
It is so ordered.
Dated this 12th March, 2008.
J. N. KHAMINWA
JUDGE
12/3/2008
Khaminwa – Judge
Njue – Clerk
Petitioners present in person
N/A for Protesters
Read in open court.
J. N. KHAMINWA
JUDGE