[2018] KEHC 5467 (KLR)
The court found that Joyce Chiakuthi Mwangi did not proceed in good faith when filing the succession cause, as she declared a living beneficiary, Francis Macharia Mwangi, as deceased and failed to notify other beneficiaries of her petition for letters of administration. These actions constituted concealment of...
Source-derived case information.
- Citation
- [2018] KEHC 5467 (KLR)
- Parties
- Applicant: Joyce Chiakuthi Mwangi; Respondent: Samwel Kariuki Mwangi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 651 of 2009
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked; joint administrators appointed
- Legal Topics
- Revocation of Grant, Fraudulent Obtainment of Grant, Concealment of Material Facts, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Chiakuthi Mwangi
Applicant
Samwel Kariuki Mwangi
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained fraudulently by making false statements and concealing material facts.
- 2 Whether the petitioner failed to notify other beneficiaries before petitioning for letters of administration.
- 3 Whether the declaration of a living beneficiary as deceased invalidates the grant.
Ratio Decidendi
The court found that Joyce Chiakuthi Mwangi did not proceed in good faith when filing the succession cause, as she declared a living beneficiary, Francis Macharia Mwangi, as deceased and failed to notify other beneficiaries of her petition for letters of administration. These actions constituted concealment of material facts and misrepresentation, which are valid grounds for revocation of a grant under Section 76 of the Law of Succession Act. The court held that the application for revocation was merited, revoked the grant made to Joyce Chiakuthi Mwangi, annulled any transactions arising from it, and appointed both Samwel Kariuki Mwangi and Joyce Chiakuthi Mwangi as joint administrators...
Court Disposition
grant revoked; joint administrators appointed
Orders
- The grant made to Joyce Chiakuthi Mwangi on 30th September 2010 is revoked.
- Any transactions arising from the revoked grant are annulled.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 651 OF 2009
IN THE MATTER OF ESTATE OF LATE MWANGI KIBANGA (DECEASED)
JOYCE CHIAKUTHI MWANGI............................................................PETITIONER
VS
SAMWEL KARIUKI MWANGI..............................................................PROTESTER
RULING
Summons for revocation of grant dated 30th September 2010 comes up for determination. The deceased died on 22. 1.1996 leaving behind a widow – Joyce Chiakuthi Mwangi daughter – Beatrice Wanja – sons Francis M’Mwangi –Deceased and James Gitonga. The widow took out letters of Administration. The net intestate estate is pencil No. L.R. Lower Abothuguchi/L-Kiija/245 estimated to be valued at Kshs 400,000/= by 2009 Samuel Kariuki Mwangi sought through application dated 30th September 2010 that grant made to Joyce Chikakuthi Mwangi be revoked on grounds that it was obtained fraudulently by making false statement and concealing material facts from the court.
Without considering many other issues raised in this cause the fact that the Petitioner claimed that Francis Macharia Mwangi. Applicants witness No. 2 is alive and the Administrator declared him dead is a very good reason to conclude that the petitioner Joyce Chikauthi Mwangi did not proceed in good faith while filing the succession cause. She didn’t give notice to the other beneficiaries that she was petitioning for Letters of Administration. I do find application is merited. Grant mad on 30th September 2010 is revoked; any transactions arising therefrom are annulled. This court appoints Samwel Kariuki Mwangi and Joyce Chiakuthi as joint Administrators. They are at liberty to file joint summons for confirmation and distribution of the estate if in agreement or separately if not in agreement. This succession cause was filed in 2009 and is in the list of matters which are 5 years and above that form backlog in this court and must be determined by December 2018. The parties are therefore put on notice to expedite M.26. 7.2018 to confirm filing of application for confirmation and for directions. If there are any other assets is the name of the deceased they should all be listed for distribution by the court. No orders as to costs.
HON. A.ONG’INJO
JUDGE
RULING SIGNED, DELIVERED AND DATED THIS 5th DAY OF JULY 2018.
IN THE PRESENCE OF:
C/A: Penina
Mr Gichuki Advocate for Petitioner.
Mr Gichunge Advocate for Protester.
Mr Rimita Advocate for Interested parties.
HON. A.ONG’INJO
JUDGE