[2020] KEHC 4089 (KLR)
The court found that the grant of letters of administration was obtained without the consent or inclusion of seven beneficiaries, including the applicant, who were not mentioned or provided for in the proceedings. The record showed that only twelve beneficiaries signed the consent to the making of the grant, and...
Source-derived case information.
- Citation
- [2020] KEHC 4089 (KLR)
- Parties
- Applicant: Paul Omondi Otieno; Respondent: Beatrice Mbogo Otieno; Respondent: Grace Philliqueen Otieno
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 429 of 2013
- Procedural Posture
- Probate and Administration / Ruling on Summons for Revocation of Grant
- Outcome
- grant revoked; parties appointed co-administrators; directions for proposal on distribution; costs to respondents
- Judges
- KW Kiarie
- Legal Topics
- Succession, Revocation of Grant, Concealment of Material Facts, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Omondi Otieno
Applicant
Beatrice Mbogo Otieno
Respondent
Grace Philliqueen Otieno
Respondent
Procedural Posture
Probate and Administration / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained fraudulently by concealment of material facts.
- 2 Whether all rightful beneficiaries were included in the succession proceedings.
- 3 Whether the applicant is entitled to be made a co-administrator of the estate.
Ratio Decidendi
The court found that the grant of letters of administration was obtained without the consent or inclusion of seven beneficiaries, including the applicant, who were not mentioned or provided for in the proceedings. The record showed that only twelve beneficiaries signed the consent to the making of the grant, and only two were provided for in the certificate of confirmation. This omission constituted concealment of material facts and exclusion of rightful beneficiaries, which is a ground for revocation under section 76 of the Law of Succession Act. Consequently, the court revoked the confirmed grant and appointed the applicant and the petitioners as co-administrators, directing them to...
Court Disposition
grant revoked; parties appointed co-administrators; directions for proposal on distribution; costs to respondents
Orders
- The grant of letters of administration confirmed on 23rd April 2015 is revoked.
- The applicant and the petitioners are appointed co-administrators of the estate.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
PROBATE & ADMINSTRATION NO.429 OF 2013
IN THE MATTER OF THE ESTATE OF:ZADOCK OTIENO OJWANG......DECEASED
BETWEEN
1. BEATRICE MBOGO OTIENO
2. GRACE PHILLIQUEEN OTIENO....PETITIONERS/ RESPONDENTS
AND
PAUL OMONDI OTIENO........................................................APPLICANT
RULING
1. Paul Omondi Otieno the applicant herein, moved the court by way of summons for revocation of grant dated 15th July 2015 under section 76 of the Law of succession Act and Rule 73 of Probate and Administration Rules. He is seeking the following orders:
a. That an order of inhibition be and is hereby issued inhibiting the registration of any dealing in L.R No. South Teso/Angoromo/57 pending the hearing and final determination of this application. (Spent).
b. That the grant of letters of administration issued herein on 7th May 2014 to Beatrice Mbogo Otieno and Grace Philliqueen Otieno and confirmed on 23rd April 2015 be revoked.
c. That a fresh grant of letters of administration intestate be issued in the name of Paul Omondi Otieno.
d. That the costs of this application be provided for.
2,. The application is premised on the following grounds:
a. That the said grant was obtained fraudulently by concealment to the court something material to the cause.
b. That the petitioners have excluded the rightful beneficiaries to the estate of the deceased from the proceedings herein and are now threatening to dispose of L.R No. South Teso/Angoromo/57 and defeat the claim of the first house.
3. The application was opposed on grounds that:
a. The applicant the applicant was provided for; and
b. That no beneficiary was left out.
4. I have perused the record herein and noted that the consent to the making of the grant was signed by twelve beneficiaries. Seven other beneficiaries who include the applicant herein did not sign the consent and were not mentioned at all. In the certificate of confirmation only two beneficiaries were provided for.
5. The applicant’s contention is therefore supported by the record.
6. I am therefore revoking the grant that was confirmed on 23rd April 2015. Consequently, the applicant and the petitioners are made co-administrators herein.
7. I am making an order that the co-administrators to file a proposal for distribution either jointly or severally within 30 days of this ruling. Failure to do so, the grant will be automatically revoked.
8. Costs of this application to be borne by the respondents.
DELIVEREDandSIGNEDatBUSIAthis 22nd day ofJuly, 2020
KIARIE WAWERU KIARIE
JUDGE