[2020] KEHC 6966 (KLR)
The court found that the respondent obtained the grant by concealing the existence of other beneficiaries, as evidenced by the chief's letter listing additional survivors of the deceased. The respondent's failure to disclose these beneficiaries and to proceed diligently with the administration of the estate...
Source-derived case information.
- Citation
- [2020] KEHC 6966 (KLR)
- Parties
- Respondent: Asare Vincent Eladi; Applicant: Leah Midesha Kaburu
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 75 of 2010
- Procedural Posture
- Probate and Administration / Ruling on Summons for Revocation or Annulment of Grant
- Outcome
- grant revoked; co-administrators appointed; land registration cancelled; costs to respondent
- Judges
- KW Kiarie
- Legal Topics
- Revocation of Grant, Concealment of Material Facts, Administration of Estate, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Asare Vincent Eladi
Respondent
Leah Midesha Kaburu
Applicant
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 fraudulently or by concealment of material facts.
- 2 Whether the objector/applicant, as a beneficiary, was unlawfully excluded from the administration of the estate.
- 3 Whether the grant should be revoked and a fresh grant issued jointly to both parties.
Ratio Decidendi
The court found that the respondent obtained the grant by concealing the existence of other beneficiaries, as evidenced by the chief's letter listing additional survivors of the deceased. The respondent's failure to disclose these beneficiaries and to proceed diligently with the administration of the estate constituted sufficient grounds for revocation under section 76 of the Law of Succession Act. The court held that the objector/applicant was entitled to be included as a co-administrator, and that the registration of the respondent as sole owner of the estate land parcel was improper. Accordingly, the grant was revoked, the land registration cancelled, and both parties appointed as...
Court Disposition
grant revoked; co-administrators appointed; land registration cancelled; costs to respondent
Orders
- The grant of letters of administration issued to Asare Vincent Eladi and confirmed on 16th June 2011 is revoked.
- Entry No.2 on title No. SOUTH TESO/AMUKURA/1692 registering the respondent as owner by transmission is cancelled.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO.75 OF 2010
IN THE MATTER OF THE ESTATE OF: MARTH ELADI OBELAI......... DECEASED
BETWEEN
ASARE VINCENT ELADI .................................................. PETITIONER/ RESPONDENT
AND
LEAH MIDESHA KABURU.........................................................OBJECTOR/APPLICANT
RULING
1. The objector/applicant herein moved the court by way of summons for revocation or annulment of grant dated 29th June 2015 under section 76 of the Law of succession Act and Rule 44(1) of Probate and Succession Rules. She is seeking the following orders:
a. That the grant of letters of administration issued on 6th July 2010 to Asare Vincent Eladi and subsequently confirmed on 16th June 2011 be revoked and or annulled.
b. That a fresh grant of letters of administration be issued in the joint names of Asare Vincent Eladi and Leah Midesha Kaburu.
c. That entry No.2 made on title No. SOUTH TESO/AMUKURA/1692 by which the petitioner/respondent got registered as owner of the above land parcel by transmission be cancelled.
d. That the costs of this application be borne by the petitioner/respondent.
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 obtained fraudulently by making of a false statement or by concealment from court of material facts;
c. That the petitioner/respondent has not proceeded with the administration of the estate diligently; and
d. That the objector/applicant has been left out yet she is a beneficiary of the estate.
3. The petitioner/respondent did not file any response or submissions in spite of service.
4. When I perused form P. & A. 5, the petitioner/respondent described himself as the only beneficiary who survived the deceased herein. A letter that was issued by the acting chief Amukura location dated 22nd March 2010 listed the following as having survived the deceased herein:
a. Vincent Eladi Asare;
b. Cresent Ouma Eladi;
c. Peter Obelai Eladi;
d. Moses Arakit Eladi; and
e. Alimor Justus Eladi.
5. I have considered the evidence affidavits filed herein and the submissions by the objector. I am therefore satisfied that the grant herein was obtained by concealment of material facts relevant to the case.
6. I am making an order to for revocation of the grant that was issued to Vincent Eladi Asare and which was subsequently confirmed. I am further making an order that entry No.2 made on title No. SOUTH TESO/AMUKURA/1692 by which the petitioner/respondent got registered as owner of the above land parcel by transmission be cancelled.
7. Consequently to the foregoing, I am appointing Asare Vincent Eladi and Leah Midesha Kaburu as co-administrators of the estate of the deceased.
8. The two co-administrators must file a proposal for distribution of the estate within 60 days failure to do so, this grant will be automatically revoked unless extension of time has been sought and granted.
9. Since the petitioner/respondent is guilty of concealment, he shall bear the costs.
DELIVEREDandSIGNEDatBUSIAthis8th dayof April, 2020
KIARIE WAWERU KIARIE
JUDGE