[2007] KEHC 146 (KLR)
The court found that the certificate of official search clearly indicated that the Objector and the deceased were proprietors in common with equal shares in the property. There was no evidence to support the Objector's claim that the deceased held his share in trust for him as a minor. The Administratrix had already...
Source-derived case information.
- Citation
- [2007] KEHC 146 (KLR)
- Parties
- Applicant: Wanjiru wa Mungai; Respondent: Objector (unnamed)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2341 of 2000
- Procedural Posture
- Succession Cause / Ruling on Summons for Annulment of Grant
- Outcome
- summons for annulment of grant dismissed
- Judges
- KH Rawal
- Legal Topics
- Succession, Grant Annulment, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanjiru wa Mungai
Applicant
Objector (unnamed)
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Annulment of Grant
Legal Issues
- 1 Whether the grant of representation issued to the Administratrix should be annulled.
- 2 Whether the deceased held half of the property in trust for the Objector as a minor.
- 3 How the estate should be distributed among the beneficiaries.
Ratio Decidendi
The court found that the certificate of official search clearly indicated that the Objector and the deceased were proprietors in common with equal shares in the property. There was no evidence to support the Objector's claim that the deceased held his share in trust for him as a minor. The Administratrix had already allocated the Objector his half share and distributed the deceased's remaining share equally among the three wives. The Objector's absence and lack of corroborating evidence led the court to dismiss the summons for annulment of grant, finding no basis for interfering with the distribution as effected by the Administratrix.
Court Disposition
summons for annulment of grant dismissed
Orders
- The summons dated 25th October, 2000 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(MILIMANI LAW COURTS)
SUCCESSION CASUE 2341 OF 2000
IN THE MATTER OF THE ESTATE OF MUNGAI OLE KERIASEK
RULING
Before the court was the hearing of a summons dated 25th October, 2000 seeking annulment of grant of representation made to the Administratrix Wanjiru wa Mungai (now deceased) vide R.M. Succession Cause No.8 of 1996 Narok. I must note that the said court issued certificate of confirmation on 14th October, 1997.
On the day of hearing, neither the Objector nor his counsel was present, and I heard the case of the Administratrix in absence of the Objector.
Dr. Clement Sironka Keriasek gave evidence and produced Certificate of official search of title No. Narok/C/S – Mara/Kisiriri/60 which shows that the deceased and the Objector were holding the said property as proprietors in common with equal shares. Obviously, thus, the Objector is the owner of the half portion of the property.
According to the uncorroborated evidence of the said witness, the deceased had three wives and the Administratrix, after sharing out the half portion of the Objector, divided the remaining acres of 6. 4222 acres equally amongst the three wives.
The contention of the objector that the deceased held half portion of the land in trust for him as he was minor falls flat on the face of the certificate of search which had his name as a tenant in common.
In the premises I dismiss the summons dated 25th October, 2000 with no order as to costs.
K.H. RAWAL
JUDGE
21. 3.07