[2004] KEHC 2436 (KLR)
The court found that the previous grant to the objectors was revoked due to fraud and concealment of material facts, and that no appeal or stay of execution had been filed against that revocation. The court had already determined, after inquiry and hearing evidence, that the petitioner is the widow and entitled to...
Source-derived case information.
- Citation
- [2004] KEHC 2436 (KLR)
- Parties
- Applicant: Phylis Wangare Mburu; Respondent: Henry Githinji Munyi; Respondent: Christopher Mukungu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1567 of 2003
- Procedural Posture
- Succession Cause / Ruling on Objection and Cross Petition for Grant of Letters of Administration
- Outcome
- Objection and cross-petition dismissed; grant of Letters of Administration issued to petitioner.
- Legal Topics
- Succession, Letters of Administration, Revocation of Grant, Priority of Entitlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phylis Wangare Mburu
Applicant
Henry Githinji Munyi
Respondent
Christopher Mukungu
Respondent
Procedural Posture
Succession Cause / Ruling on Objection and Cross Petition for Grant of Letters of Administration
Legal Issues
- 1 Whether the petitioner is entitled to the grant of Letters of Administration for the estate of Joseph Kiragu Munyi.
- 2 Whether the cross-petition and objection by the respondents should be dismissed in light of the previous revocation ruling and absence of an appeal.
Ratio Decidendi
The court found that the previous grant to the objectors was revoked due to fraud and concealment of material facts, and that no appeal or stay of execution had been filed against that revocation. The court had already determined, after inquiry and hearing evidence, that the petitioner is the widow and entitled to priority in the grant of Letters of Administration. In the absence of any legal impediment, the court concluded there was no basis to continue entertaining the objection or cross-petition, and thus directed that the grant be made to the petitioner and dismissed the cross-petition with costs.
Court Disposition
Objection and cross-petition dismissed; grant of Letters of Administration issued to petitioner.
Orders
- Grant of Letters of Administration to the estate of Joseph Kiragu Munyi to be made to Phylis Wangare Mburu.
- Cross-petition and objection by Henry Githinji Munyi and Christopher Mukungu dismissed with costs to the petitioner.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 1567 OF 2003 IN THE MATTER OF THE ESTATE OF JOSEPH KIRAGU MUNYI (DECEASED) IN THE MATTER OF THE ESTATE OF JOSEPH KIRAGU MUNYI (DECEASED) RULING The petitioner herein Phylis Wangare Mburu petitioned for the grant of Letters of Administration in respect of the estate of the late Joseph Kiragu Munyi. The petition was duly gazetted on 25th July 2003 but Henry Githinji Munyi and Christopher Mukungu filed an objection to the making of the grant and cross-petitioned for the grant. Incidentally the objectors had petitioned for the Letters of Administration in respect of the deceased estate in Succession Cause No. 44 of 2001 at Kerogoya which was revoked in H.C. Succession Cause No. 2098 of 2001.
The petitioner challenged the grant and by a ruling delivered by Rawal J. on 10th December 2002, the grant issued to the objectors was revoked on the grounds that the grant was obtained fraudulently and by way of concealment of material facts. The court directed that the petitioner herein may file a petition for grant of Letters of Administration. Counsel for the petitioner submitted that the crosspetition should be dismissed as the objectors have not appealed against the ruling of Hon. Rawal J. The objection is predicated on the grounds that they intend to appeal against the ruling. That ruling was delivered on 10th December 2002 almost 18 months ago and since there is no appeal or order of stay of execution, there is nothing to stop this court from issuing the grant to the petitioner. After all the court has made an inquiry as to the persons who are entitled to the grant and the order of priority and made a finding after hearing evidence that the petitioner is the widow. On what other basis would this court continue to entertain the objection.
Accordingly I hereby direct that the grant of Letters of Administration be made to the petitioner. I hereby dismiss the crosspetition and answer with costs to the petitioner.
Ruling read and signed on 1st July 2004. MARTHA KOOME JUDGE