[2019] KEHC 254 (KLR)
The court found that Elizabeth Wanjiku Njenga, in her application for grant of letters of administration, failed to disclose the existence of the deceased's first wife, Margaret Wanjiru, and her children, who are rightful beneficiaries of the estate. This concealment constituted material non-disclosure and fraud,...
Source-derived case information.
- Citation
- [2019] KEHC 254 (KLR)
- Parties
- Applicant: David Waweru; Respondent: Elizabeth Wanjiku Njenga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1463 of 2014
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- grant annulled and fresh administration ordered
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant Annulment, Concealment of Material Facts, Distribution of Estate, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Waweru
Applicant
Elizabeth Wanjiku Njenga
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant of letters of administration and subsequent confirmation were obtained fraudulently by concealment of material facts.
- 2 Whether the omission of the first wife and her children from the list of beneficiaries invalidates the grant and distribution of the estate.
- 3 What orders should issue regarding the administration and distribution of the deceased's estate.
Ratio Decidendi
The court found that Elizabeth Wanjiku Njenga, in her application for grant of letters of administration, failed to disclose the existence of the deceased's first wife, Margaret Wanjiru, and her children, who are rightful beneficiaries of the estate. This concealment constituted material non-disclosure and fraud, rendering the grant and its confirmation invalid. The court held that the grant issued on 7th March 2014 and confirmed on 7th October 2014 must be annulled and cancelled. All properties previously distributed are to be restored to the name of the deceased. The court further directed that both houses of the deceased appoint new administrators and file a fresh application for...
Court Disposition
grant annulled and fresh administration ordered
Orders
- The grant issued on 7th March 2014 and confirmed on 7th October 2014 is annulled and cancelled.
- All properties are to be restored to the name of the deceased.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1463 OF 2014
IN THE MATTER OF THE ESTATE OF JOHN NJENGA KARIUKI (DECEASED)
DAVID WAWERU.................................................................APPLICANT
VERSUS
ELIZABETH WANJIKU NJENGA................................RESPONDENT
JUDGMENT
1. The deceased in this matter John Njenga Kariuki died in testate on the 1st of October 2013 at Mwimuto-Kabete. He left behind two widows Margaret Wanjiru and Elizabeth Wanjiku.
2. On or about the 25th of November 2013 Elizabeth Wanjiku moved this court for grant of letters of administration as widow and listed herself, Peter Thairu Njenga, Anastacia Waithira Njenga, Patrick Kariuki Njenga and Eunice Wahu Wairuri as survivors of the estate of the deceased.
3. She listed assets and no liabilities. The assets listed were:
i. L.R. No. Kabete/Mwimuto/T.121
ii. L.R. No.Kajiado/Kaputiei-North/39427
iii. L.R. No.Kajiado/Kaputiei-North/39423
iv. L.R. No.Kajiado/Kaputiei-North/39424
v. L.R. No.Kajiado/Kaputiei-North/39425
vi. L.R. No.Kajiado/Kaputiei-North/39426
vii. L.R. No.Kajiado/Kaputiei-North/39427
viii. Account No.0020190997275 Equity Bank
ix. L.R. No.Kajiado/Kaputiei-North/39425
4. A grant was issued on the 7th March 2014, confirmed and properties distributed to Elizabeth Wanjiku and her off springs on the 7th of October 2014.
5. What followed was an application dated 7th October 2015 by David Waweru seeking for the grant issued and confirmed on 7th of October 2019 cancelled and annulled on grounds that the same was obtained fraudulently.
6. There was an admission by Elizabeth that she had learnt that her husband had another wife before her and there were children from the union. She further confirmed that she met them at the husband’s burial and in a meeting held a few months later.
7. Evidence on record is that Elizabeth was known to the first wife’s children as they used to visit the deceased at their home in Mwimuto, further that both wives had lived in the same place before Margaret moved to Nyahururu.
8. In her evidence Elizabeth introduced a note which she alleged carried the deceased instructions. It is instructive that the note was never brought to the attention of the committee that met with the family a few months after the deceased died. It is not a will nor has it been claimed to be one.
9. Evidently Elizabeth concealed the fact that the deceased had another family, and based on the above concealment she had the property distributed to herself and her family.
10. For the foregoing reasons the grant issued on 7th March 2014 and confirmed on 7th October, 2014 must of necessity be annulled and cancelled and all properties restored back to the name of the deceased.
11. The court further orders that details of the amounts that were held at Equity bank made available to the court for further direction.
12. Having so annulled the grant the two homes should forthwith now appoint two fresh administrators who will proceed to ensure orders issued are complied with. A fresh application for confirmation and fresh proposal for distribution of all properties of the estate be filed within the next 90 days of the date hereof.
Dated and Delivered in Nairobi on this 19TH day of December, 2019.
................................
ALI-ARONI
JUDGE