[2008] KEHC 214 (KLR)
The court found that the Petitioner had concealed the material fact that the deceased had children, specifically the Objector, in the original petition for grant of representation. This concealment justified the revocation of the grant under Section 76 of the Law of Succession Act. The court also noted the...
Source-derived case information.
- Citation
- [2008] KEHC 214 (KLR)
- Parties
- Applicant: Joy Mukwahana Wabuke; Respondent: Paul John Francis Regs Symba; Respondent: Administratix (Petitioner, grandmother of Objector)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 343 of 2000
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked; joint grant ordered; no costs awarded to Objector
- Judges
- KH Rawal
- Legal Topics
- Revocation of Grant, Concealment of Material Facts, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joy Mukwahana Wabuke
Applicant
Paul John Francis Regs Symba
Respondent
Administratix (Petitioner, grandmother of Objector)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of representation was obtained by concealment of material facts regarding the existence of children of the deceased.
- 2 Whether the Objector is a child of the deceased and entitled to be considered in the administration of the estate.
Ratio Decidendi
The court found that the Petitioner had concealed the material fact that the deceased had children, specifically the Objector, in the original petition for grant of representation. This concealment justified the revocation of the grant under Section 76 of the Law of Succession Act. The court also noted the Petitioner.s own admission that the Objector is her granddaughter and the supporting birth certificate. Although the Objector delayed in bringing the application for revocation, the concealment of beneficiaries was a fundamental defect that could not be ignored. The court therefore revoked the grant issued on 18th February, 1994 and ordered that a joint grant be issued to both the...
Court Disposition
grant revoked; joint grant ordered; no costs awarded to Objector
Orders
- The grant of representation issued on 18th February, 1994 is revoked.
- A joint grant shall be issued in the names of the Objector and Paul John Francis Symba.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Succession Cause 343 of 2000
IN THE MATTER OF THE ESTATE OF MARGARET JUDITH – DECEASED
RULING
The Objector Joy Mukwahana Wabuke has filed the summons for revocation dated 12th May, 2006 seeking to revoke the grant of representation issued to the Administratix on 18th February, 1994. The said grant has not yet been confirmed.
The Objector in her affidavit in support and further affidavit has averred that she is the daughter of the deceased and the averments made by her grandmother in the petition that the deceased died without having any children is an apparent concealment of material fact. She has also referred to the affidavit in reply purported to have been sworn by the Petitioner on 5th February, 2007 as well as the petition tiled and stated that the signature appended to the said affidavit cannot be that of the Petitioner as she is an illiterate lady who always thumb prints her documents.
In any event, in the said affidavit the Petitioner has agreed that the Objector is her grand daughter. The birth certificate annexed to her affidavit dated 22nd August, 1975 specifically confirms those averments made by the Petitioner as well as by the Objector.
The Petitioner furthermore has averred that the deceased had many children though not named) except one Paul John Francis Regs Symba.
Without much ado, I do agree with the testimony and averments made by the Objector that the Petitioner has concealed material fact of the deceased having children.
I have thus no option but to revoke the grant of representation issued on 18th February, 1994 although I do frown on the delay taken by the Objector to file the summons for revocation. I shall thus not award any costs to the Objector.
To expedite the finalization of this old matter, I order that a joint grant be issued in the names of the Objector and Paul John Francis Symba.
Dated and signed at Nairobi this 19th day of November, 2008.
K.H. RAWAL
JUDGE
19. 11. 08