[2017] KEHC 7120 (KLR)
The court found that the grant issued in Maua Chief Magistrate’s Court Succession Cause No. 58 of 2010 was obtained through misstatements or fraud, as it excluded several rightful beneficiaries of the deceased’s estate. The exclusion of beneficiaries contravened the requirements of the Law of Succession Act, which...
Source-derived case information.
- Citation
- [2017] KEHC 7120 (KLR)
- Parties
- Petitioner: Kabitu M’Abuange M’Muthuiru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 265 of 2015
- Procedural Posture
- Succession Cause / Ruling on Revocation of Grant and Directions for Fresh Hearing
- Outcome
- grant revoked and confirmation set aside; matter remitted for fresh hearing and directions
- Judges
- A Mabeya
- Legal Topics
- Revocation of Grant, Fraud in Succession, Beneficiary Exclusion, Appointment of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kabitu M’Abuange M’Muthuiru
Petitioner
Procedural Posture
Succession Cause / Ruling on Revocation of Grant and Directions for Fresh Hearing
Legal Issues
- 1 Whether the grant issued in Maua Chief Magistrate’s Court Succession Cause No. 58 of 2010 was obtained through misstatements or fraud.
- 2 Whether all rightful beneficiaries of the estate were included in the succession proceedings.
- 3 Whether the grant should be revoked and the confirmation set aside.
Ratio Decidendi
The court found that the grant issued in Maua Chief Magistrate’s Court Succession Cause No. 58 of 2010 was obtained through misstatements or fraud, as it excluded several rightful beneficiaries of the deceased’s estate. The exclusion of beneficiaries contravened the requirements of the Law of Succession Act, which mandates that all persons entitled to a share in the estate must be included in succession proceedings. Consequently, the court revoked the grant and set aside its confirmation. The court further directed that the succession cause be heard afresh, with all beneficiaries participating, and that the suitability of the proposed administrator, Kabilu M’Abunge M’Muthuiru, be...
Court Disposition
grant revoked and confirmation set aside; matter remitted for fresh hearing and directions
Orders
- The grant issued by Chief Magistrate’s Court, Maua on 16/6/2011 is hereby revoked and the confirmation set aside.
- The Court is to hear the Petition on the succession of the estate of the late M’Muthuiru Baimanyara afresh and ascertain the suitability of Kabilu M’Abunge M’Muthuiru as administrator.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
SUCCESSION CAUSE NO. 265 OF 2015
IN THE MATTER OF THE ESTATE OF M’MUTHUIRU BAIMANYARA - DECEASED
AND
KABITU M’ABUANGE M’MUTHIUIRU………………………..…..PETITIONER
RULING
I have considered the testimonies of the combatants in this matter. It is clear that from their testimonies, the grant issued in Maua Chief Magistrate’s Court Succession Cause No. 58 of 2010 was obtained through misstatements or fraud. It is clear that the deceased left the following surviving him:-
(a) Ntonja M’Muthuiru (deceased)
Widow - Inombabu Ntonja
Children - Eric, Mutuma and Winnie Mwari
(b) Ntoitha M’Muthuiru (deceased)
Child - Kalulu Ntoitha
(c) Kabilu M’Muthuiru
(d) Meme M’Muthuiru
(e) M’Mithega M’Muthuiru
(f) Francis Miriti M’Muthuiru
(g) Makara M’Muthuiru
The matter in the Lower Court excluded all the beneficiaries save for the Respondent and one child of Ntonja by the name Eric Mutuma.
Accordingly, that grant is hereby revoked and the confirmation set aside.
There is dispute as to whether the late Makara M’Muthuiru left any estate.
The Orders that commend themselves to me is as follows:-
(a) the grant issued by Chief Magistrate’s Court, Maua on 16/6/2011 is hereby revoked and the confirmation set aside;
(b) let the Court hear the Petition on the succession of the estate of the late M’Muthuiru Baimanyara afresh and since all the beneficiaries before me including the Respondent have agreed that Kabilu M’Abunge M’Muthuiru be appointed the administrator, let that court ascertain his suitability;
(c) Let that Court ascertain whether the late Makara M’Muthuiru left any estate (i.e. left anyone surviving him);
(d) the beneficiaries set out above are entitled to share in the estate when it is ultimately distributed. This Ruling be served upon the Maua Court.
Orders accordingly.
DATED AND DELIVERED AT MERU THIS 6TH DAY OF MARCH, 2017.
A. MABEYA
JUDGE
06/03/2017