[2012] KEHC 4592 (KLR)

[2012] KEHC 4592 (KLR)

The court found that upon attaining majority, the applicants were entitled to the distribution of the estate and termination of the trust, as the trust's purpose had ended. The 1st administratrix's application for revocation of the grant was dismissed as none of the grounds advanced—alleged erroneous grant, undisclosed liability, or her own entitlement—were recognized under Section 76 of the Law of Succession Act. The court held that the property was registered in the deceased's name, and the applicants, as his heirs, were entitled to it. The administratrix had no proprietary or equitable interest in the property, and her claims regarding the hospital liability and her own entitlement...

Citation
[2012] KEHC 4592 (KLR)
Parties
Applicant: Applicants (Daughters of John Mwaura Kibui); Respondent: 1st Administratrix (Mother or Sister of Deceased)
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
24 February 2012
Case Number
Succession Cause 583 of 2006
Procedural Posture
Succession Cause / Ruling on Applications for Distribution and Revocation of Grant
Outcome
Application by applicants allowed with costs; application by 1st administratrix dismissed with no order as to costs.
Judges
SP Ouko
Legal Topics
Succession of Estates, Trusteeship, Distribution of Estate, Revocation of Grant
Source Language
English
Family and Children Civil Procedure Succession of Estates Trusteeship Distribution of Estate Revocation of Grant

Case Brief

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Parties

Applicants (Daughters of John Mwaura Kibui)

Applicant

1st Administratrix (Mother or Sister of Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Applications for Distribution and Revocation of Grant

Legal Issues

  1. 1 Whether the applicants, having attained majority, are entitled to distribution of the estate and termination of the trust.
  2. 2 Whether the 1st administratrix has valid grounds for revocation or cancellation of the grant under Section 76 of the Law of Succession Act.

Ratio Decidendi

The court found that upon attaining majority, the applicants were entitled to the distribution of the estate and termination of the trust, as the trust's purpose had ended. The 1st administratrix's application for revocation of the grant was dismissed as none of the grounds advanced—alleged erroneous grant, undisclosed liability, or her own entitlement—were recognized under Section 76 of the Law of Succession Act. The court held that the property was registered in the deceased's name, and the applicants, as his heirs, were entitled to it. The administratrix had no proprietary or equitable interest in the property, and her claims regarding the hospital liability and her own entitlement...

Court Disposition

Application by applicants allowed with costs; application by 1st administratrix dismissed with no order as to costs.

Orders

  • The application dated 16th March, 2011 is allowed with costs.
  • The application dated 21st April, 2011 is dismissed with no order as to costs.