[2016] KEHC 2183 (KLR)
The court found that the application for revocation of grant was not opposed and that the Objector was no longer interested in pursuing the revocation, as parties were negotiating to enjoin her as Co-administrator. Consequently, the application was dismissed with no orders as to costs. The court did not make a...
Source-derived case information.
- Citation
- [2016] KEHC 2183 (KLR)
- Parties
- Petitioner: Julius Nthiw’a Mulinge; Objector: Florence Mutinda Mulinge
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 639 of 2012
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application dismissed
- Judges
- DO Ogembo
- Legal Topics
- Revocation of Grant, Letters of Administration, Consent of Beneficiaries, Fraudulent Obtainment, Succession Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Nthiw’a Mulinge
Petitioner
Florence Mutinda Mulinge
Objector
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of Probate or Letters of Administration Intestate was obtained fraudulently and without the consent of all beneficiaries.
- 2 Whether the Objector is entitled to revocation or annulment of the grant issued to the Petitioner.
- 3 Whether the proceedings to obtain the grant were defective in substance.
Ratio Decidendi
The court found that the application for revocation of grant was not opposed and that the Objector was no longer interested in pursuing the revocation, as parties were negotiating to enjoin her as Co-administrator. Consequently, the application was dismissed with no orders as to costs. The court did not make a determination on the merits of the allegations of fraud or lack of consent, as the application was effectively abandoned by the Objector.
Court Disposition
application dismissed
Orders
- The application dated and filed on 14th October, 2013 is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 639 OF 2012
IN THE MATTER OF ESTATE OF NATHAN MUTULI SILA - DECEASED
JULIUS NTHIW’A MULINGE ………………………………………… PETITIONER
VERSUS
FLORENCE MUTINDA MULINGE …………………………………..…OBJECTOR
RULING OF THE COURT
1. The Summons for Revocation of Grant is dated and filed herein on 14th October, 2013. It seeks the following prayers;
i. That the grant of Probate or Letters of Administration Intestate issued to the Petitioner on 17th January, 2013 be revoked and/or annulled forthwith.
ii. That the costs of the application be provided for.
2. The application is premised on the following grounds that the Objector is a sister to the Petitioner, who has other two brothers and a sister. That the Petitioner petitioned for Letters of Administration secretly without informing the other beneficiaries to the estate. The Objector never gave her consent to the petitioner and it is doubtful if other beneficiaries consented. The Applicant’s case is that the grant was therefore obtained fraudulently and by concealment of material facts. The proceedings to obtain the grant were defective in substance, and it will be in the interests of justice that the orders sought herein be granted.
3. The application is not opposed. In fact Mr. Kaluu holding brief for Mr. Sila on 10th October, 2016 submitted that the Objector was nolonger interested in revocation, and that the parties were negotiating the matter to enjoin the Objector as Co-administrator.
4. In that regard, the application filed herein on 14th October, 2013 is dismissed with no orders as to costs.
DATED AND DELIVERED AT MACHAKOS THIS 27 TH DAY OF OCTOBER, 2016
………………………………………
E. OGOLA
JUDGE
In the presence of;
Mr. Makau Mutua holding brief for Mr. Sila for Applicant
Court Assistant – Mr. Munyao