[2020] KEHC 8199 (KLR)
The court found that the applicant is a son of the deceased and therefore ranks higher in priority to administer the estate than the respondents, who are sisters of the deceased. The court determined that the grant was improperly issued without including the applicant, a person with a superior claim. Consequently,...
Source-derived case information.
- Citation
- [2020] KEHC 8199 (KLR)
- Parties
- Applicant: Charles Okwero Makokha; Respondent: Joyce Adongo Onyango; Respondent: Juliana Nyongesa Okeyo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 439 of 2014
- Procedural Posture
- Probate and Administration / Ruling on Summons for Revocation or Annulment of Grant
- Outcome
- Grant revoked; applicant appointed co-administrator with respondents; proposal for distribution to be filed within 30 days; each party to bear own costs.
- Judges
- KW Kiarie
- Legal Topics
- Succession, Revocation of Grant, Priority of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Okwero Makokha
Applicant
Joyce Adongo Onyango
Respondent
Juliana Nyongesa Okeyo
Respondent
Procedural Posture
Probate and Administration / Ruling on Summons for Revocation or Annulment of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained defectively or fraudulently.
- 2 Whether the applicant, as son of the deceased, has higher priority to administer the estate than the respondents.
- 3 Whether the grant should be revoked and a new grant issued including the applicant.
Ratio Decidendi
The court found that the applicant is a son of the deceased and therefore ranks higher in priority to administer the estate than the respondents, who are sisters of the deceased. The court determined that the grant was improperly issued without including the applicant, a person with a superior claim. Consequently, the grant confirmed on 19th July 2017 was revoked, and the applicant was appointed as a co-administrator with the respondents. The administrators were ordered to file a proposal for distribution of the estate within 30 days, with each party bearing their own costs.
Court Disposition
Grant revoked; applicant appointed co-administrator with respondents; proposal for distribution to be filed within 30 days; each party to bear own costs.
Orders
- The grant of letters of administration confirmed on 19th July 2017 is revoked.
- Charles Okwero Makokha is appointed co-administrator with Joyce Adongo Onyango and Juliana Nyongesa Okeyo.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
PROBATE & ADMINSTRATION NO.439 OF 2014
IN THE MATTER OF THE ESTATE OF:
MAKOKHA ONYANGO.........................................................................DECEASED
BETWEEN
1. JOYCE ADONGO ONYANGO...............................................1ST RESPONDENT
2. JULIANA NYONGESA OKEYO ..........................................2ND RESPONDENT
AND
CHARLES OKWERO MAKOKHA...............................OBJECTOR/APPLICANT
RULING
1. The objector/applicant herein moved the court by way of summons for revocation or annulment of grant dated 12th June 2018 under section 76 of the Law of succession Act and Rule 44 of Probate and Succession Rules. He is seeking the following orders:
a) That the grant of letters of administration issued to Joyce Odongo Onyango and Juliana Nyongesa Okeyo and confirmed on 19th July 2017 be revoked and or annulled.
b) That the grant of letters of administration in respect of the estate be issued to Charles Okwero Makokha.
c) That costs be provided for.
2. The application is premised on the following grounds:
a) That the proceedings to obtain the grant were defective in substance;
b) That the grant was made fraudulently by making a false statement or by concealment from court of material facts; and
c) That the applicant is the son of the deceased and ranks higher in priority to the respondents.
3. The application was opposed on grounds that:
a) The applicant did not have a valid Kenyan identity card;
b) The respondents were appointed to hold in trust of all beneficiaries.
4. It has not been denied that the objector is a son of the deceased herein. The respondents have deponed that they are sisters of the deceased. The objector therefore ranks high in priority in respect of the estate of Makokha Onyango, the deceased herein as opposed to the respondents.
5. I am therefore revoking the grant that was confirmed on 19th July 2017.
6. I am appointing the objector a co-administrator with the respondents herein. The administrators are therefore ordered to file a proposal for distribution of the estate within 30 days. Each party to meet own costs.
DELIVEREDandSIGNEDatBUSIAthis20th day of February, 2020
KIARIE WAWERU KIARIE
JUDGE