[2019] KEHC 1631 (KLR)
The court found that the proceedings leading to the issuance and confirmation of the grant were fundamentally defective because the sole heir of the deceased, the applicant, was neither consulted nor did she consent at any stage. The respondents admitted to failing to involve the applicant, and the court held that...
Source-derived case information.
- Citation
- [2019] KEHC 1631 (KLR)
- Parties
- Applicant: Sally Waithera Mwenje; Respondent: Anthony Ndirangu Ranya; Respondent: Nancy Wairimu Ranya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 1151 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- grant revoked and fresh grant issued to applicant
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant Revocation, Intestate Estate, Consent of Heirs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sally Waithera Mwenje
Applicant
Anthony Ndirangu Ranya
Respondent
Nancy Wairimu Ranya
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained without involving or consulting the sole heir of the deceased.
- 2 Whether the failure to obtain the applicant's consent rendered the proceedings and grant defective.
- 3 Whether the grant should be revoked and a fresh grant issued to the applicant.
Ratio Decidendi
The court found that the proceedings leading to the issuance and confirmation of the grant were fundamentally defective because the sole heir of the deceased, the applicant, was neither consulted nor did she consent at any stage. The respondents admitted to failing to involve the applicant, and the court held that such concealment of material facts and lack of consent from the only heir rendered the grant invalid. Consequently, the court revoked and annulled the grant issued to the respondents and ordered that a fresh grant be issued to the applicant. The court further ordered the restoration of all estate assets to the deceased's name and directed the respondents to refund all monies...
Court Disposition
grant revoked and fresh grant issued to applicant
Orders
- The grant issued on 24th November 2014 and confirmed on 24th June 2015 is revoked and annulled.
- A fresh grant shall issue to the applicant, Sally Waithera Mwenje.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 1151 OF 2014
IN THE MATTER OF THE ESTATE OF LUCY MUTHONI RANYA (DECEASED)
SALLY WAITHERA MWENJE........................................................APPLICANT
VERSUS
ANTHONY NDIRANGU RANYA..........................................1ST RESPONDENT
NANCY WAIRIMU RANYA..................................................2ND RESPONDENT
R U L I N G
1. The deceased Lucy Muthoni Ranya died intestate on the 22nd September, 2013 at the Nairobi Women hospital. She left behind a daughter, Sally Una a.k.a Sally Waithera, who was said to have been 18 years of age at the time the court was Petitioned for grant of representation.
2. The deceased daughter has now moved the court seeking for Revocation of the Grant that was issued to the respondents, siblings of her mother, on the 24th of November 2014, on grounds that though she was of age she was never consulted by the respondent when they petitioned for grant of letter of administration. Secondly, she was never involved in the proceedings and did consent in sharing the estate of her late mother in the manner contained in the confirmed grant.
3. In her response filed on her behalf and that of her co-respondent Nancy Wairimu does not dispute that they failed to involve and or consult the applicant when they petitioned for grant of representation. She does not dispute either that they failed to obtaining her consent in running the estate and in the manner in which the estate was to be distributed.
4. Based on the above I have arrived at the conclusion that the proceedings before court were defective in substance and the only heir of the deceased not consulted nor her consent obtained at any stage. The above facts were concealed.
5. Based on the above, I am inclined to revoke and annul the grant issued on the 24th of November 2014 and confirmed on the 24th of June 2015.
6. A fresh Grant will now issue to the Applicant, Sally Waithera Mwenje.
7. All assets of the deceased will be restored back to the name of the deceased.
8. AND Anthony Ndirangu Ranya and Nancy Wairimu Ranya are hereby ordered to refund all monies obtained from Harambee Co-operative Savings and Credit Society Ltd, National Bank of Kenya and Equity Bank to the Applicant herein and administrator as appointed.
9. Matter to be mentioned to ensure compliance within 30 days
Dated and Delivered in Nairobi on this 5TH day of December, 2019
.....................
ALI-ARONI
JUDGE