[2018] KEHC 6103 (KLR)
The court found that Jane Angwenyi was duly recognized as a beneficiary in the Certificate of Confirmation of Grant and was provided for as a daughter-in-law of the deceased. The court examined the consent forms and the confirmation documents and was satisfied that there was no concealment or exclusion of the...
Source-derived case information.
- Citation
- [2018] KEHC 6103 (KLR)
- Parties
- Respondent: John Ontita Angwenyi; Applicant: Jane Angwenyi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 409 of 2014
- Procedural Posture
- Succession Cause / Ruling on Summons for Annulment of Grant
- Outcome
- summons for annulment dismissed
- Judges
- DAS Majanja
- Legal Topics
- Succession, Annulment of Grant, Dependant Rights, Distribution of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ontita Angwenyi
Respondent
Jane Angwenyi
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Annulment of Grant
Legal Issues
- 1 Whether the applicant, Jane Angwenyi, was excluded as a dependant in the petition for grant of letters of administration.
- 2 Whether the grant of letters of administration should be annulled for non-disclosure or lack of consent of the applicant.
Ratio Decidendi
The court found that Jane Angwenyi was duly recognized as a beneficiary in the Certificate of Confirmation of Grant and was provided for as a daughter-in-law of the deceased. The court examined the consent forms and the confirmation documents and was satisfied that there was no concealment or exclusion of the applicant. Therefore, there was no legal basis to annul the grant of letters of administration. The real issue in dispute was the mode of subdivision of the estate, which the court directed the parties to resolve among themselves or file proposals in case of disagreement.
Court Disposition
summons for annulment dismissed
Orders
- Summons for annulment of grant dated 28th May 2018 is dismissed.
- Beneficiaries to agree on a mode of subdivision of the properties.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
SUCCESSION CAUSE NO. 409 OF 2014
IN THE MATTER OF THE ESTATE OF ANNAH BOERA ANGWENYI (DECEASED)
AND
IN THE MATTER OF THE LAW OF SUCCESSION ACT, CAP 160
AND
IN THE MATTER OF APPLICATION FOR ANNULMENT OF GRANT OF LETTERS OF ADMINISTRATION
BETWEEN
JOHN ONTITA ANGWENYI ..........PETITIONER/RESPONDENT
AND
JANE ANGWENYI..................................OBJECTOR/APPLICANT
RULING
1. The summons before the court is dated 28th May 2018 and it is by JANE ANGWENYI who claims that she was a dependant of the deceased and her name was not disclosed nor her consent sought in petitioning for the grant of the estate of the deceased, Annah Boera Angwenyi who died on 13th February 2014.
2. The Petition of grant of letters of administration was lodged by the deceased’s son, John Ontita who named the deceased’s daughters and daughters in law as survivors. The grant was issued to him on 6th July 2016 and subsequently confirmed on 9th February 2017.
3. According to the Certificate of Confirmation, the administrator was to hold WEST KITUTU/MWAGICHANA/79 and CENTRAL KITUTU/MWAMOSIOMA/1911 in trust for himself and Teresia Kerubo Obagwa, Joyce Bonareri Angwenyi, Carolyne Nyangatare Angwenyi, Eunice Kwamboka Angwenyi, Prisca Angwenyi, Prisca Masese Tumbo and Jane Angwenyi. Having looked at the consent filed in court, Form P & A 5 and the Certificate of Confirmation, I am satisfied that the said Jane Angwenyi, as daughter in law of the deceased, was duly recognized and provided for. Accordingly, I do not find any reason to annul the grant. I therefore dismiss the summons for annulment dated 28th May 2018.
4. I note from the replying affidavit of John Ontita sworn on 5th June 2018, the issue in dispute is that subdivision of the property has not been agreed upon yet and it is alleged that the applicant has proceeded to sell part of the land.
5. I direct that the beneficiaries to sit down and agree on a mode of subdivision of the properties. Mention on 31. 07. 2018. In the event of disagreement parties to file their respective proposals.
D.S Majanja
Judge
18/6/2018
[Ruling read and delivered in open Court]
D.S Majanja
Judge
18/6/2018