[2005] KEHC 385 (KLR)
The court found that the applicant was indeed a daughter of the deceased and had not been included as a beneficiary in the petition for grant of letters of administration. The omission constituted a material non-disclosure. However, since the applicant did not oppose the appointment of the petitioners as...
Source-derived case information.
- Citation
- [2005] KEHC 385 (KLR)
- Parties
- Applicant: Julia Wanja Mwaura; Respondent: Peter Kabata Mwaura; Respondent: Apollo Boro Mwaura
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 487 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- Application partially allowed; applicant to be included as beneficiary; grant not revoked.
- Legal Topics
- Succession, Grant of Letters of Administration, Non Disclosure of Beneficiaries, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julia Wanja Mwaura
Applicant
Peter Kabata Mwaura
Respondent
Apollo Boro Mwaura
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration should be revoked due to non-disclosure of a beneficiary.
- 2 Whether the applicant, as a daughter of the deceased, should be included as a beneficiary of the estate.
Ratio Decidendi
The court found that the applicant was indeed a daughter of the deceased and had not been included as a beneficiary in the petition for grant of letters of administration. The omission constituted a material non-disclosure. However, since the applicant did not oppose the appointment of the petitioners as administrators and only sought inclusion as a beneficiary, the court determined that revocation of the grant would not serve the interests of justice or the other beneficiaries. Instead, the appropriate remedy was to order that the applicant be included as a beneficiary before or during the confirmation of the grant, thus ensuring her rights without unnecessarily restarting the succession...
Court Disposition
Application partially allowed; applicant to be included as beneficiary; grant not revoked.
Orders
- The applicant, Julia Wanja Mwaura, shall be included as one of the beneficiaries of the deceased's estate before or during the filing of the application for confirmation of the grant.
- The grant of letters of administration issued to the petitioners is not revoked.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU Succession Cause 487 of 2004
IN THE MATTER OF THE ESTATE OF PETER MWAURA GITAHI ALIAS MWAURA PETER GITAHI (DECEASED)
JULIA WANJA MWAURA…………………........................….APPLICANT
VERSUS
PETER KABATA MWAURA…………………………....1ST PETITIONER
APOLLO BORO MWAURA…………………………….2ND PETITIONER
RULING
The applicant filed summons for revocation of a grant praying that the grant of letters of administration issued to the petitioners on 24th November, 2004 be revoked on the ground that the grant was obtained fraudulently by the making of a false statement by the petitioners in that they did not disclose to this court that the applicant was a beneficiary who was not named in the petition.
In her affidavit in support of the application, she deposed that she was a daughter of the deceased and that she got married in the year 1981 but separated with her husband in 1987 and had 3 children who were staying with her.
She further deposed that during her father’s life time, he allowed her to build on his property where she was currently staying with her children. She stated that her late father told her brothers that she should benefit from his property since she had separated with her husband but her brothers did not include her in the list of beneficiaries when they were applying for letters of administration.
I have perused the file and confirmed that the name of the applicant does not appear in the list of the beneficiaries of the deceased’s estate. The petitioners were served with this application but did not attend court or oppose the same in any way.
The applicant is not opposed to the appointment of the petitioners as administrators of the deceased’s estate. Her only query with the grant is that she was not included as a beneficiary. In the circumstances I will not order revocation of the grant but hereby order that the applicant be included as one of the beneficiaries of the deceased’s estate before or during the time of filing the application for confirmation of the grant. In my view, revocation of the grant will not be in the interests of the parties in this matter including the other beneficiaries because it will mean starting the process of applying for another grant afresh.
The costs of this application shall be met by the estate.
DATED, SIGNED & DELIVERED at Nakuru this 15th day of July, 2005.
D. MUSINGA
JUDGE
15/7/2005