[2019] KEHC 1490 (KLR)
The court found that the applicant had demonstrated that the respondent concealed material facts relevant to the succession cause, specifically by omitting other beneficiaries. The absence of a response from the respondent and the evidence presented by the applicant satisfied the court that the grant was obtained in...
Source-derived case information.
- Citation
- [2019] KEHC 1490 (KLR)
- Parties
- Applicant: Margaret Ajode Oguwangi; Respondent: Peter Churchil Lwakale
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 15 of 2010
- Procedural Posture
- Probate and Administration / Ruling on Application for Revocation of Grant
- Outcome
- application allowed; grant revoked; parties appointed co-administrators
- Judges
- KW Kiarie
- Legal Topics
- Succession, Revocation of Grant, Concealment of Material Facts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Ajode Oguwangi
Applicant
Peter Churchil Lwakale
Respondent
Procedural Posture
Probate and Administration / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of representation was obtained by concealment of material facts.
- 2 Whether the applicant is entitled to revocation of the grant issued to the respondent.
- 3 Whether the applicant and respondent should be appointed co-administrators.
Ratio Decidendi
The court found that the applicant had demonstrated that the respondent concealed material facts relevant to the succession cause, specifically by omitting other beneficiaries. The absence of a response from the respondent and the evidence presented by the applicant satisfied the court that the grant was obtained in contravention of Section 76(b) of the Law of Succession Act. Consequently, the court held that the application for revocation was merited and allowed it, revoking the grant and appointing both the applicant and respondent as co-administrators.
Court Disposition
application allowed; grant revoked; parties appointed co-administrators
Orders
- The application for revocation of grant is allowed.
- The grant issued to Peter Churchil Lwakale is revoked.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO. 15 OF 2010
IN THE ESTATE OF: FRANCIS OMUZEE KHASINDU...............................DECEASED
BETWEEN
PETER CHURCHIL LWAKALE.......................................PETITIONER/ RESPONDENT
AND
MARGARET AJODE OGUWANGI.................................................................APPLICANT
RULING
1. Margaret Ajode Oguwangi, the applicant herein filed an application for revocation of the grant issued toPeter Churchil Lwakale by an application dated 28th February 2017. It is premised on the following grounds:
a) That she is the legal representative of Silvanus Khasindu Oguwangi who had an interest in land parcel number SOUTH TESO/ AMUKURA/465.
b) That the respondent left out other beneficiaries.
2. The application was served on the counsel on record for the respondent. They received the notice under protest and indicated that they ceased acting for the petitioner/respondent. However, on checking the record, there was no notice to cease acting that was filed. The firm of Mukisu & Company Advocates are therefore still on record.
3. The application was not responded to and it proceeded undefended.
4. Section 76 (b) of the Law of Succession Act provides:
A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion—
(b) that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;
The applicant has demonstrated that the petitioner/respondent concealed from the court some material facts relevant to this succession cause.
5. After a careful consideration, I find that the application is merited. The same is allowed and the grant revoked.
6. The applicant and the respondent herein are appointed co-administrators. Costs be in the cause.
DELIVERED and SIGNED at BUSIA this 3rd day of December, 2019
KIARIE WAWERU KIARIE
JUDGE