[2004] KEHC 1101 (KLR)
The court found that although the widow was the person entitled to apply for the grant of letters of administration, she had signed a consent affidavit allowing the petitioner, the deceased's brother, to apply for the grant. The petitioner did not obtain the grant fraudulently, as he disclosed all heirs in the...
Source-derived case information.
- Citation
- [2004] KEHC 1101 (KLR)
- Parties
- Applicant: John Onyinkwa Mokua; Respondent: Florence Kemuma Makori
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 157 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Grant revoked and fresh grant issued jointly to petitioner and objector.
- Judges
- K Bauni
- Legal Topics
- Succession, Letters of Administration, Revocation of Grant, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Onyinkwa Mokua
Applicant
Florence Kemuma Makori
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration to the petitioner was obtained fraudulently or in contravention of the law.
- 2 Whether the widow, as the rightful person, should have been granted administration of the estate.
- 3 Whether the consent affidavit signed by the widow validated the petitioner’s application for grant.
Ratio Decidendi
The court found that although the widow was the person entitled to apply for the grant of letters of administration, she had signed a consent affidavit allowing the petitioner, the deceased's brother, to apply for the grant. The petitioner did not obtain the grant fraudulently, as he disclosed all heirs in the application. However, given the change in circumstances and the objector's current position, the court determined that the interests of justice would be served by revoking the previous grant and issuing a fresh grant in the joint names of both the petitioner and the objector.
Court Disposition
Grant revoked and fresh grant issued jointly to petitioner and objector.
Orders
- The grant of letters of administration previously issued to the petitioner is revoked.
- A fresh grant is issued in the joint names of the petitioner and the objector.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII SUCCESSION CAUSE NO.157 OF 2003
IN THE MATTER OF THE ESTATE OF MARK MOKUA ……………… DECEASED
BETWEEN
JOHN ONYINKWA MOKUA …………………………….. APPLICANT/PETITIONER AND FLORENCE KEMUMA MAKORI ………………………………………. OBJECTOR
RULING:
The applicant/objector applies to court to revoke or annul Grant of Letters of Administration granted to JOHN ONYIKWA MOKUA in respect of the Estate of the deceased MARK MOKUA. The petitioner was a brother of the deceased. The objector is the widow of the deceased. Indeed as per the law the widow was the right person to apply for the Letters of Administration. However I do note that she signed a consent affidavit allowing the petitioner to apply for grant. The petitioner therefore did not obtain the grant fraudulently. Even in the forms filed he clearly shows the objector and her sons as the heirs. It now seems that he has changed her mind.
In the circumstances I hereby revoke the grant given to the petitioner and issue a fresh grant in the joint names of the petitioner and the objector.
It is so ordered.
KABURU BAUNIJUDGE28/4/04