[2015] KEHC 2026 (KLR)
The court found that the application for revocation of grant was unopposed and that the facts deponed in the supporting affidavit remained uncontroverted. The applicants established that the grant was obtained through fraudulent means and concealment of material facts. As such, the court allowed the application as...
Source-derived case information.
- Citation
- [2015] KEHC 2026 (KLR)
- Parties
- Applicant: Josphat Kimanzi Munyoki; Applicant: Jones Muthengi Munyoki; Respondent: Kavata Munywoki Kitu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 264 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Revocation of Grant
- Outcome
- application allowed
- Judges
- BT Jaden
- Legal Topics
- Revocation of Grant, Letters of Administration, Fraudulent Obtainment, Concealment of Material Facts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josphat Kimanzi Munyoki
Applicant
Jones Muthengi Munyoki
Applicant
Kavata Munywoki Kitu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration and certificate of confirmation issued to the respondent should be revoked due to alleged defects and fraud.
- 2 Whether preservatory orders should be issued to protect the estate pending determination.
Ratio Decidendi
The court found that the application for revocation of grant was unopposed and that the facts deponed in the supporting affidavit remained uncontroverted. The applicants established that the grant was obtained through fraudulent means and concealment of material facts. As such, the court allowed the application as prayed, revoking the grant and issuing preservatory orders over the estate.
Court Disposition
application allowed
Orders
- The grant letters of administration made to Kavata Munywoki Kitu on 30th December, 2013 and certificate of confirmation of grant issued on 15th April, 2015 are revoked.
- Preservatory orders are issued over the estate of the deceased pending further orders.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
MISC. APPLICATION (P & A) NO. 264 OF 2015
IN THE MATTER OF THE ESTATE OF MUNYWOKI KITU MULUNGA
JOSPHAT KIMANZI MUNYOKI........................1ST APPLICANT
JONES MUTHENGI MUNYOKI.......................2ND APPLICANT
VERSUS
KAVATA MUNYWOKI KITU..............................RESPONDENT
RULING
1. The application dated 27th April, 2015 seeks orders that –
1. That the grant letters of administration made to Kavata Munywoki Kitu on 30th December, 2013 and certificate of confirmation of grant issued on 15th April, 2015 be revoked.
2. That this Honorable Court be pleased to issue preservatory orders of the estate of the deceased pending the hearing and determination of this application.
2. It is stated in the replying affidavit that the proceedings to obtain the grant were defective in substance. That the grant was obtained fraudulently by the making of false statements and the concealment of material facts to the court. It is further stated that the consent on record is a forgery and the estate of the deceased has not been properly distributed.
3. The application is unopposed. No papers have been filed in opposition to the same.
4. During the hearing of the application the Respondents did not turn up though served. The application proceeded ex parte.
5. The facts deponed in the affidavit in support therefore remain uncontroverted. I allow the application as prayed.
……………………………
B. THURANIRA JADEN
Dated and delivered at Kitui this 24th day of September 2015
……………………………
B. THURANIRA JADEN
JUDGE