[2008] KEHC 3329 (KLR)
The court found that although the applicant was aware of the succession proceedings and had signed the necessary consent forms, he was ultimately excluded from inheritance. Furthermore, the respondent failed to disclose all the assets of the deceased and the identities of all beneficiaries, including the three wives...
Source-derived case information.
- Citation
- [2008] KEHC 3329 (KLR)
- Parties
- Applicant: John Muthike Nduiga; Respondent: Cecilia Wanjiru Muriigiri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 127 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Summons to Revoke Grant
- Outcome
- application allowed
- Legal Topics
- Succession, Revocation of Grant, Non Disclosure of Beneficiaries, Concealment of Assets
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
John Muthike Nduiga
Applicant
Cecilia Wanjiru Muriigiri
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Summons to Revoke Grant
Legal Issues
- 1 Whether the grant and its confirmation were obtained fraudulently by concealment of material facts.
- 2 Whether the applicant, as a son of the deceased, was unlawfully excluded from inheritance.
- 3 Whether all assets and beneficiaries of the deceased were properly disclosed in the succession proceedings.
Ratio Decidendi
The court found that although the applicant was aware of the succession proceedings and had signed the necessary consent forms, he was ultimately excluded from inheritance. Furthermore, the respondent failed to disclose all the assets of the deceased and the identities of all beneficiaries, including the three wives mentioned in her evidence. This amounted to concealment of material facts as contemplated under section 76 of the Law of Succession Act. The court concluded that the respondent was guilty of non-disclosure and concealment, warranting revocation of the grant and confirmation as prayed by the applicant.
Court Disposition
application allowed
Orders
- The grant and its confirmation are revoked as prayed in the application.
- No orders as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT EMBU
Misc 127 of 2006
JOHN MUTHIKE NDUIGA ……………..……………………APPLICANT
VERSUS
CECILIA WANJIRU MURIIGIRI………………………….RESPONDENT
RULING
Summons to revoke the grant issued in this estate and confirmed was filed by John Muthike Nduiga, the Applicant.
The grounds set out are:-
1. that the said grant and confirmation were obtained fraudulently by making a false statement and by concealing from court of facts material to the case and
2. that grant and confirmation was obtained by means of untrue allegation of facts and that the proceedings to obtain the grant were defective and substance.
The affidavit in support shows that the applicant is the son and the Respondent is daughter –in-law of the deceased. The respondent did not disclose the existence of applicant the son.
I have perused the proceedings and it is clear the survivors in this estate were listed by the chief as:-
1. Ciciria Wanjiru
Murigiiri – daughter in-law.
2. Wanjuki Ngigi – daughter in-law
3. John Muthike Nduiga
It is clearly shown that P&A 80 was completed. Form 38- consent to making of a grant was signed by the Applicant herein authorizing the Respondent to be issued with grant. The name of Applicant was included in the form P&A5 and the petition was gazetted on 12/8/2005. Form 9 affidavit in support of summons of confirmation includes the name of Applicant as the only survivor of the deceased with Cecilia Murigiiri and Wanjiku Ngigi both described as daughters in-law. However when it comes to distribution only the daughters in law are to inherit. Therefore the Applicant was not given any inheritance.
It is my finding therefore that although the applicant was informed the proceedings of succession he was not included in the inheritance. It also appears as if all the lands of deceased were not disclosed. In the circumstances I find that the Respondent is guilty in failing to disclose all the assets of the deceased and the identities of the 3 wives she mentions in her evidence. There was concealment in terms of section 76 of Succession Act.
I therefore allow the application and grant orders as prayed. No orders as to costs.
Dated this 9th April, 2008.
J. N. KHAMINWA
JUDGE
9/4/2008
Khaminwa – Judge
Njue – Clerk
Mr. Gitonga HB for Mbugua
Ms Njeru.
Read in open court.
J. N. KHAMINWA
JUDGE