[2011] KEHC 458 (KLR)
The court found that the applicants failed to discharge the burden of proof required to establish that the respondent obtained the grant by concealment of material facts or by making untrue allegations. The respondent demonstrated, through her replying affidavit and a schedule of distribution, that the applicants...
Source-derived case information.
- Citation
- [2011] KEHC 458 (KLR)
- Parties
- Applicant: Charles Mwangi Karingithi; Applicant: George Murimi Karingithi; Applicant: Elizabeth Wangui Mwangi; Respondent: Eunice Wanjugu Karingithi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 159 of 2001
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- summons for revocation or annulment of grant dismissed
- Legal Topics
- Revocation of Grant, Letters of Administration, Burden of Proof, Concealment of Material Facts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Mwangi Karingithi
Applicant
George Murimi Karingithi
Applicant
Elizabeth Wangui Mwangi
Applicant
Eunice Wanjugu Karingithi
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the grant of Letters of Administration intestate issued to the respondent should be revoked or annulled due to alleged concealment of material facts and untrue allegations.
- 2 Whether the applicants were disinherited or unfairly excluded from the distribution of the deceased's estate.
Ratio Decidendi
The court found that the applicants failed to discharge the burden of proof required to establish that the respondent obtained the grant by concealment of material facts or by making untrue allegations. The respondent demonstrated, through her replying affidavit and a schedule of distribution, that the applicants were not disinherited and had received property in equal proportion. The court was satisfied that the distribution was fair and that there was no evidence of exclusion or unfairness. Consequently, the summons for revocation or annulment of the grant was dismissed.
Court Disposition
summons for revocation or annulment of grant dismissed
Orders
- The Summons for revocation or annulment of grant is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
SUCCESSION CAUSE NO. 159 OF 2001
IN THE MATTER OF THE ESTATE OFKARINGITHI KIBIA – DECEASED
CHARLES MWANGI KARINGITHI..................................................................1STAPPLICANT
GEORGE MURIMI KARINGITHI..................................................................... 2NDAPPLICANT
ELIZABETH WANGUI MWANGI....................................................................3RDAPPLICANT
VERSUS
EUNICE WANJUGU KARINGITHI......................................................................RESPONDENT
JUDGMENT
The subject matter of this Judgment is the Summons for Revocation of grant dated 5th August 2002 taken out by Charles Mwangi Karingithi, George Murimi Karingithi and Elizabeth Wangui Mwangi the 1st, 2nd and 3rd Applicants respectively. In the aforesaid Summons the Applicants sought for the grant of Letters of Administration intestate in respect of the Estate of Karingithi Kibia, deceased, issued to Eunice Wanjugu Karingithi on 19th April 2002 to be revoked or annulled. The Summons is supported by the affidavit of Charles Mwangi Karingithi and the further affidavits of each of the Applicants. Eunice Wanjugu Karingithi, the Respondent herein, filed a replying affidavit to oppose the Summons. Learned counsels appearing in the matter recorded a consent order to have the Summons disposed of by written submissions.
I have considered the rival submissions plus the material placed before this court. It is alleged that the grant should be revoked because the Respondent obtained the same by making an untrue allegation of fact and by concealing certain material facts. It is also alleged that the grant was obtained surreptitiously without the knowledge of the Applicants hence they could not protest when the same came up for confirmation. It is alleged that the Respondent has solely inherited the deceased’s Estate yet the Applicants are dependants of the deceased’s Estate. The Respondent disclosed to this Court that the Applicants are her children. She presented a schedule of distribution of the assets which she stated to be fair.
A critical examination of the affidavit evidence and the submissions will reveal that the applicants have failed to discharge the burden of proof of their allegations. The respondent specifically stated in her replying affidavit that she has given the Applicants property in equal proportion. I am convinced that the Applicants have not been disinherited by their mother in her distribution of the deceased Estate.
The Summons for revocation or annulment of grant is dismissed with no order as to costs.
Dated and delivered at Nyeri this 18th day of November 2011.
J. K. SERGON
JUDGE
In open court in the presence of Miss Mwai for applicant. No appearance Wahome for Respondent.