[2002] KEHC 997 (KLR)
The court found that the applicant's signature was forged and that he did not consent to the application for grant of letters of administration. The respondents failed to disclose this material fact to the court, amounting to fraud and a defect in the proceedings. The court held that these actions satisfied the...
Source-derived case information.
- Citation
- [2002] KEHC 997 (KLR)
- Parties
- Respondent: Abdalla Omar Mohamed; Respondent: Ahmed Omar Mohamed; Applicant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 54 of 2001
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application for revocation of grant allowed
- Legal Topics
- Revocation of Grant, Forgery of Signature, Consent in Succession, Fraudulent Obtainment of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalla Omar Mohamed
Respondent
Ahmed Omar Mohamed
Respondent
__MISSING__
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be revoked due to lack of consent from a beneficiary.
- 2 Whether the applicant's signature was forged in the application for grant.
- 3 Whether the grant was obtained fraudulently by concealment of material facts.
Ratio Decidendi
The court found that the applicant's signature was forged and that he did not consent to the application for grant of letters of administration. The respondents failed to disclose this material fact to the court, amounting to fraud and a defect in the proceedings. The court held that these actions satisfied the grounds for revocation of grant under section 76 of the Law of Succession Act. Consequently, the application for revocation was allowed, and the grant previously issued was revoked.
Court Disposition
application for revocation of grant allowed
Orders
- The grant issued on 1.3.2001 is revoked.
- Costs to be paid by the respondents jointly and severally.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
SUCCESSION CAUSE NO. 54 OF 2001
IN THE MATTER OF: THE ESTATE OF UMI OMAR MOHAMED ALSO KNOWN AS UMI MOHAMED ALI-AMINI (DECEASED)
RULING
This application is for the Revocation of grant issued in this court on 1. 3.2001 to
1. Abdalla Omar Mohamed
2. Ahmed Omar Mohamed.
The grounds relied on are that the grantees did not seek the consent of the applicant (other brother) to the application and most serious of all the signature of the applicant was forged meaning they did not disclose to him that they were making the application and that they were prepared to commit the offence of forgery for the purpose. This was also cheating the court and it can be regarded as contempt of court. The applicant swears that he was never approached to sign the consent and that the signature appearing in Form 38 against his name is not his. It is a forgery.
The provisions of section 76 Succession Act sets out the grounds upon which a grant can be revoked as follows:
Quote:
(a) “that the proceedings to obtain a grant were defective in substance.
(b) that the grant was obtained fraudulently by making of a false statement or by concealment from the court of something material to the case.
(c) That the grant was obtained by means of untrue allegation of a fact essential on point of law to justify the grant notwithstanding that the allegation was made in ignorance or inadvertently.
(d) ………….
(e) …………
” I am satisfied that the application is entitled to orders sought. I therefore allow the application and grant orders prayed for in the application. Costs shall be paid by respondents jointly and severally.
Dated this 28th day of June 2002.
J. KHAMINWA
COMMISSIONER OF ASSIZE
Presence of Mr. Kiarie and members of the same family
J. KHAMINWA
COMMISSIONER OF ASSIZE