[2018] KEHC 3609 (KLR)
The court found that the grant was obtained in circumstances where not all beneficiaries were included, specifically noting that a daughter, Esther Mpindi, had not renounced her interest and was omitted from the list of beneficiaries. The law requires that all children of the deceased, regardless of gender, are...
Source-derived case information.
- Citation
- [2018] KEHC 3609 (KLR)
- Parties
- Applicant: Titus Kinoti Marete; Respondent: Peter Kitheka Karea
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 277 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- grant revoked; fresh grant to be issued to two surviving children including a daughter
- Legal Topics
- Revocation of Grant, Beneficiaries Rights, Intestate Succession, Fraud in Succession, Locus Standi, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Kinoti Marete
Applicant
Peter Kitheka Karea
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to the petitioner should be revoked or annulled.
- 2 Whether the applicant, as a grandson, has locus standi to challenge the grant.
- 3 Whether all beneficiaries, including daughters and deceased's children, were properly included in the distribution of the estate.
Ratio Decidendi
The court found that the grant was obtained in circumstances where not all beneficiaries were included, specifically noting that a daughter, Esther Mpindi, had not renounced her interest and was omitted from the list of beneficiaries. The law requires that all children of the deceased, regardless of gender, are entitled to inherit equally in cases of intestacy. The applicant, as a grandson, does not have priority over the deceased's children and should inherit only through his parent, who is a direct beneficiary. The court determined that the omission of beneficiaries and the irregularities in the process, including the questionable chief’s letter, constituted sufficient grounds for...
Court Disposition
grant revoked; fresh grant to be issued to two surviving children including a daughter
Orders
- The grant issued on 12th May 2011 is revoked.
- Fresh grants to be made by any two surviving children of the deceased, including a surviving daughter, within 30 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT KENYA AT MERU
SUCCESSION CAUSE NO. 277 OF 2011
IN THE MATTER OF THE ESTATE OF THE LATE M’MWERERIA TUANGURE - DECEASED
TITUS KINOTI MARETE........................APPLICANT
VS
PETER KITHEKA KAREA...................PETITIONER
RULING
The applicant herein by application dated 25th May 2011 sought that certificate of confirmation made to petitioner in Maua SPM Succession cause NO. 33 OF 2010 be revoked and/or annulled. This is based on the fact that he is grandson to the deceased. Further, he took care of his uncle, Joseph Thiine, who was a son of the deceased and who regarded him as his son and is living in his property.
It was also alleged that there are many beneficiaries who were left out in the estate. One of deceased’s daughters; Esther Mpindi M’Munyuri denied renouncing her interest in the estate.
In his response, the Petitioner claimed that the family had agreed for him to be the administrator at the deceased’s estate, that the Applicant had no locus standi in this case and that the application dated 25th May 2011 is irregular.
I have looked at the application dated 25th May 2011 and all the other filed documents herein. The issue for determination before this court is to revoke the grant.
So when can the court revoke a grant? The answer to this is stipulated under section 79 of the law of succession Act and includes instances where:-
a) The proceedings to obtain the grant were defective in substances;
b) The grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the cause.
The allegations herein are that this suit was fraudulently filed. That the daughters of the deceased did not renounce their interests in the estate and that their brother, who is deceased was not included as a beneficiary. It was also highlighted that the chief’s letter of introduction was obtained from a different location from where the deceased resided.
When comes to the children at the deceased, the law is very clear that they are regarded as dependants and beneficiaries under section 29 of cap 160. Further Section 38 of the LSA states that when an intestate has left a surviving child but no spouse, the net intestate shall devolve upon the surviving children equally. This includes both male and female children as was held in the case of Estate of Solomon Ngatia Kariuki 2008[EKLR]. As such it is established that Esther Mpindi ought to have been included as a beneficiary.
Further, the Applicant status that he is a grandson to the deceased and thus should inherit in his estate. The Petitioner also bequeaths himself a share in the estate. This is fraudulent in law ab initio as Section 38 of the LSA gives a list of priority according to consanguinity that is, children are priority in inheritance.
Therefore the petitioner and the Applicant should inherit the deceased person’s estate through their fathers who are direct beneficiaries of that estate.
In consequence this grant, granted on 12th May 2011 is revoked and Fresh grants are to be made by any 2 surviving children of the deceased including a surviving daughter within 30 days. Mention to confirm filing of application of Letters of grants of administration intestate.
It is so ordered.
HON. A.ONG’INJO
JUDGE
RULING DELIVERED, SIGNED AND DATED THIS 2ND DAY OF AUGUST 2018
IN THE PRESENCE OF:
C/A:- Penina
Petitioner: -MS Njenga holding brief for Rimita for Applicant
Mr Ogoti Advocate for Petitioner. M. 20. 9.2018 for beneficiaries to agree on 2 administrators.
All beneficiaries to attend court.
HON. A.ONG’INJO
JUDGE