[2008] KEHC 2800 (KLR)
The court found that the confirmed grant of representation was defective as it was obtained by concealing the existence of the applicant, an unmarried daughter and beneficiary of the deceased. The respondents failed to consult or obtain the consent of the applicant before seeking the grant and its confirmation. The...
Source-derived case information.
- Citation
- [2008] KEHC 2800 (KLR)
- Parties
- Applicant: Beatrice Nyambura Maina; Respondent: Administratrix (widows and sons of the deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 1907 of 1996
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant of representation and confirmed grant revoked; fresh grant to be issued including all beneficiaries
- Judges
- KH Rawal
- Legal Topics
- Succession, Grant of Representation, Revocation of Grant, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beatrice Nyambura Maina
Applicant
Administratrix (widows and sons of the deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the confirmed grant of representation was obtained by concealment of material facts, specifically the existence of the applicant as a beneficiary.
- 2 Whether the applicant, as an unmarried daughter of the deceased, is entitled to a share of the estate.
- 3 Whether the exclusion of the applicant from the petition and confirmation process invalidates the grant.
Ratio Decidendi
The court found that the confirmed grant of representation was defective as it was obtained by concealing the existence of the applicant, an unmarried daughter and beneficiary of the deceased. The respondents failed to consult or obtain the consent of the applicant before seeking the grant and its confirmation. The applicant's occupation of the estate property and subsequent eviction were uncontroverted, and the respondents did not contest her entitlement. The court applied Section 76 of the Law of Succession Act and Rule 40(8) of the Probate and Administration Rules, holding that the omission of a beneficiary is a material non-disclosure warranting revocation of the grant. Accordingly,...
Court Disposition
grant of representation and confirmed grant revoked; fresh grant to be issued including all beneficiaries
Orders
- The grant of representation and confirmed grant are revoked.
- A fresh grant to be issued in the names of the Administratrix and Applicant.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 1907 of 1996
IN THE MATTER OF THE ESTATE OF FRANCIS MAINA KWEHERIA - DECEASED
RULING
The grant of representation dated 19th November, 1996 was confirmed on 11th July, 2006. The beneficiaries shown in the Petition as well as in the confirmed grant are two widows and sons.
Thereafter the Applicant, Beatrice Nyambura Maina filed the summons for revocation dated 31st August, 2006.
There is no response to the said summons by the Administratrix even on the date of hearing of the summons, although the Respondents were properly served through their Advocates.
The directions to hear and determine the summons by oral evidence was granted on 11th July, 2007.
The Objector testified that she is an unmarried daughter of the deceased from the elder co-wife. The Respondents neither consulted her nor took her consent before filing the petition for grant of representation or for confirmation of the said grant.
She also averred that she occupied a portion of the estate property, namely L.R.Muguga/Kanyariri/32 during the life time of the deceased until August, 2007 when she was chased away by her brothers. She claims that she is entitled to the share of the estate being a child of the deceased.
Her claim is neither denied nor her exclusion explained.
In view of the uncontroverted facts, and considering provisions of Section 76 of the Law of Succession Act (Cap 160) and Rule 40(8) of the Probate and Administration Rules, I do find that the confirmed grant is defective and has been obtained by concealment from the court of the material fact (the existence of female children and specifically that of the Applicant).
I thus revoke the grant of representation and consequently the confirmed grant specified hereinabove.
The costs of this summons to the Applicant.
I further direct that a fresh grant be issued in the names of the Administratrix and Applicant and summons for confirmation be filed to include all the beneficiaries.
Dated and signed at Nairobi, this 13th day of May, 2008.
K.H. RAWAL
JUDGE
13. 5.08