[2014] KEHC 1756 (KLR)
The court found that the respondent, George Obuya Owuor, failed to disclose the existence of the deceased's three minor children, who are the only lawful survivors and beneficiaries of the estate under Part V of the Law of Succession Act. The respondent, being a nephew, was not entitled to the estate, and the grant...
Source-derived case information.
- Citation
- [2014] KEHC 1756 (KLR)
- Parties
- Applicant: James Onyango Omollo; Respondent: George Obuya Owuor
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 530 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Grant revoked; respondent summoned to account for the estate.
- Judges
- DAS Majanja
- Legal Topics
- Revocation of Grant, Non Disclosure of Beneficiaries, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Onyango Omollo
Applicant
George Obuya Owuor
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration issued to the respondent should be revoked due to non-disclosure of beneficiaries.
- 2 Whether the grant was improperly issued to a sole administrator where minor beneficiaries exist contrary to section 58 of the Law of Succession Act.
Ratio Decidendi
The court found that the respondent, George Obuya Owuor, failed to disclose the existence of the deceased's three minor children, who are the only lawful survivors and beneficiaries of the estate under Part V of the Law of Succession Act. The respondent, being a nephew, was not entitled to the estate, and the grant was improperly issued to him as a sole administrator despite the presence of minor beneficiaries, contrary to section 58 of the Law of Succession Act. These omissions and misrepresentations constituted sufficient grounds under section 76(a) and (b) of the Law of Succession Act for the revocation of the grant. The court accordingly revoked the grant and summoned the respondent...
Court Disposition
Grant revoked; respondent summoned to account for the estate.
Orders
- The grant issued to George Obuya Owuor on 25th March 2010 and confirmed on 16th July 2010 in Rongo Succession Cause No. 15 of 2009 is revoked.
- George Obuya Owuor is summoned to appear before the court on 21st November 2014 to account for the estate of the deceased.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT AT MIGORI
SUCCESSION CAUSE NO. 530 OF 2014
IN THE MATTER OF THE
ESTATE OF TOM MBUYA OMOLLO (DECEASED)
BETWEEN
JAMES ONYANGO OMOLLO …….......……………................ APPLICANT
AND
GEORGE OBUYA ……………………………….…............... RESPONDENT
RULING
I have considered the matter before the court and it is an application for the revocation of the grant issued to GEORGE OBUYA OWUOR on 25th March 2010 in the Rongo Senior Resident Magistrates Court Succession Cause No. 15 of 2009 in respect of the estate of TOM MBUYA OMOLLO who died 13th November 2006. His claim to the estate was that he was the nephew to the deceased. He applied for confirmation of the grant and the subject property KAMAGAMBO/KOBUORO 3998 and 3999 was given to him absolutely.
It is now apparent that he did not disclose the fact that the deceased had three minor children; FREDRICK OMOLLO MBUYA, MAURICE OPIYO MBUYA and CHARLES OOKO JUMA who are the only survivors of the deceased. The other persons named by him like nephews and buyers are not survivors of the deceased are not entitled to the estate by virtue of Part V of the Law of Succession Act (Chapter 160 of the Laws of Kenya). It is also apparent that the grant was issued to one administrator yet there are minor beneficiaries contrary to section 58 of the Law of Succession Act.
I therefore find sufficient grounds under section 76(a) and (b) of the Law of Succession Act to revoke the grant issued on 25th March 2010 and confirmed on 16th July 2010 in Rongo Succession Cause No. 15 of 2009.
Following the revocation, the said GEORGE OBUYA OWUOR is hereby summoned to this court on 21st November 2014 to account for the estate of the deceased.
DATED and DELIVERED at MIGORI this 18th day of November 2014.
D.S. MAJANJA
JUDGE
Mr Owade instructed by Owade and Company Advocates for the applicant.