[2004] KEHC 2435 (KLR)
The court found that although the widow was the person entitled in priority to apply for letters of administration, she had signed a consent affidavit allowing the petitioner (the deceased's brother) to apply. The petitioner did not obtain the grant fraudulently, as he disclosed all heirs, including the objector and...
Source-derived case information.
- Citation
- [2004] KEHC 2435 (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.
- Legal Topics
- Revocation of Grant, Letters of Administration, Succession, Consent Affidavit
- 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 letters of administration.
- 3 Whether the prior consent affidavit by the objector affects the validity of the grant.
Ratio Decidendi
The court found that although the widow was the person entitled in priority to apply for letters of administration, she had signed a consent affidavit allowing the petitioner (the deceased's brother) to apply. The petitioner did not obtain the grant fraudulently, as he disclosed all heirs, including the objector and her sons. However, given the change in the objector's position and to ensure proper administration of the estate, the court revoked the previous grant and issued 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 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
4 paragraphs
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 BAUNI JUDGE 28/4/04