[2011] KEHC 2043 (KLR)
The court found that the grant issued to Rose Wanjiru Munene had become useless and inoperative because she died before distributing the estate in accordance with the confirmed grant. Section 76 of the Law of Succession Act empowers the court to revoke such a grant. The applicants, being sons of the deceased and...
Source-derived case information.
- Citation
- [2011] KEHC 2043 (KLR)
- Parties
- Applicant: Duncan Ndegwa Munene; Applicant: John Kibui Munene; Respondent: Rose Wanjiru Munene
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 498 of 2001
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation or Annulment of Grant
- Outcome
- application for revocation of grant allowed; fresh grant to be issued to applicants
- Judges
- JK Sergon
- Legal Topics
- Succession, Revocation of Grant, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duncan Ndegwa Munene
Applicant
John Kibui Munene
Applicant
Rose Wanjiru Munene
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation or Annulment of Grant
Legal Issues
- 1 Whether the grant issued to Rose Wanjiru Munene should be revoked due to her death before administering the estate.
- 2 Whether a fresh grant should be issued to the applicants as sons of the deceased.
Ratio Decidendi
The court found that the grant issued to Rose Wanjiru Munene had become useless and inoperative because she died before distributing the estate in accordance with the confirmed grant. Section 76 of the Law of Succession Act empowers the court to revoke such a grant. The applicants, being sons of the deceased and entitled beneficiaries, were found to have the right to apply for a fresh grant. The court therefore revoked the previous grant and ordered that a fresh grant be issued in the joint names of the applicants. The court also allowed the applicants to apply for confirmation of the grant before the lapse of six months, as permitted by law.
Court Disposition
application for revocation of grant allowed; fresh grant to be issued to applicants
Orders
- The confirmed grant issued to Rose Wanjiru Munene is revoked.
- A fresh grant shall be issued in the joint names of Duncan Ndegwa Munene and John Kibui Munene.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 498 OF 2001
IN THE MATTER OF THE ESTATE OF JOSEPH MUNENE KIBUI.............................................DECEASED
DUNCAN NDEGWA MUNENE.............................................................................................1ST APPLICANT
JOHN KIBUI MUNENE.........................................................................................................2ND APPLICANT
RULING
Pursuant to the provisions ofSection 76 of the Law of Succession Act and rules 44(1) and 73 of the Probate and Administration Rules, Duncan Ndegwa Munene and John Kibui Munene, being the 1st and 2nd Applicants herein, took out the Summons for revocation or annulment of grant dated 28th October 2010 in which they applied for the grant issued to Rose Wanjiru Munene in respect of the Estate of Joseph Munene Kibui, deceased, revoked. They also applied for a fresh grant to be issued to them. The summons is supported by the affidavit of Duncan Ndegwa Munene sworn on 28th October 2010.
I have considered the grounds set out on the face of the Summons for Revocation of Grant plus the facts deponed in the affidavit filed in support. Basically the Applicants are saying that the grant issued to Rose Wanjiru Munene and confirmed on 7th February 1994 vide Nyeri S.P.M. SUCC. CAUSE NO. 194 OF 1993 has become useless and inoperative because Rose Wanjiru Munene died before administering the deceased Estate in terms of the confirmed grant. The Applicants annexed to the supporting affidavit copies of the official search in respect of L.R. NO. KABARU/BLOCK 2/MUTHINA/561, the death certificate of Rose Wanjiru Kibui and the Certificate of the confirmed grant.
After a careful consideration of the application, it is clear that the Applicants are sons of the late Joseph Munene Kibui, hence they are entitled to apply for issuance of grant. It is also apparent that Rose Wanjiru Kibui died before distributing the Estate in terms of the confirmed grant. It is therefore obvious that the grant has become useless and inoperative as envisaged underSection 76 (l)of the Law of Succession Act hence it serves no useful purposes. I hereby order the confirmed grant revoked. A fresh grant be issued in the joint names of the Applicants. The Applicants may apply for the grant to be confirmed notwithstanding that six months will not have lapsed. Costs shall be in the cause.
Dated and delivered at Nyeri this 8th day of July 2011.
J. K. SERGON
JUDGE
In open court in the absence of the parties.