[2019] KEHC 6987 (KLR)

[2019] KEHC 6987 (KLR)

The court found that while the respondent did not prove a formal customary marriage, the evidence established long cohabitation and acts of general repute sufficient to presume a marriage between the respondent and the deceased. The respondent was thus entitled to apply for a grant of representation. However, the...

Source-derived case information.

Citation
[2019] KEHC 6987 (KLR)
Parties
Applicant: Annette Wandia Njeru; Applicant: Isaac Mugambi Njeru; Applicant: Zakary Njagi Njeru; Applicant: Grace Murugi Njeru; Applicant: Lydia Wanjiru Njeru; Respondent: Irene Waithira Mbuguah
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Succession Cause 620 of 2013
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Outcome
Application for revocation of grant allowed; grant revoked and fresh grant to issue jointly to respondent and first applicant.
Judges
FN Muchemi
Legal Topics
Revocation of Grant, Customary Marriage, Presumption of Marriage, Probate and Administration, Consent of Beneficiaries
Source Language
en
Family and Children Revocation of Grant Customary Marriage Presumption of Marriage Probate and Administration Consent of Beneficiaries

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Parties

Annette Wandia Njeru

Applicant

Isaac Mugambi Njeru

Applicant

Zakary Njagi Njeru

Applicant

Grace Murugi Njeru

Applicant

Lydia Wanjiru Njeru

Applicant

Irene Waithira Mbuguah

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Revocation of Grant

  1. 1 Whether the respondent was married to the deceased under customary law or by presumption of marriage.
  2. 2 Whether the grant of letters of administration issued to the respondent should be revoked for concealment of material facts and lack of consent from other beneficiaries.

Ratio Decidendi

The court found that while the respondent did not prove a formal customary marriage, the evidence established long cohabitation and acts of general repute sufficient to presume a marriage between the respondent and the deceased. The respondent was thus entitled to apply for a grant of representation. However, the respondent failed to obtain the required consents from other beneficiaries and did not notify or involve the first family in the petition for grant, contrary to Rule 26 of the Probate and Administration Rules. This amounted to concealment of material facts and a defect in the proceedings. Consequently, the grant issued solely to the respondent was revoked, and a fresh grant was...

Court Disposition

Application for revocation of grant allowed; grant revoked and fresh grant to issue jointly to respondent and first applicant.

Orders

  • The grant issued to Irene Waithira Mbugua is hereby revoked.
  • A fresh grant to issue in the names of Irene Waithira Mbugua and Annette Wandia Njeru.