[2012] KEHC 5518 (KLR)

[2012] KEHC 5518 (KLR)

The court found that Edittar Wairimu Kamiri was a joint proprietor of Eldoret Municipality Block 12/356 and 357 with the objectors. By operation of Section 102(b) of the Registered Land Act, her interest in the properties vested automatically in the surviving joint proprietors upon her death and did not form part of her estate. Therefore, the properties could not be distributed to the petitioners nor bequeathed by will unless the joint proprietorship had first been severed, which was not done. The court further held that while the petitioners may have misunderstood the legal consequences of joint proprietorship, their non-disclosure was not material enough to justify revocation or...

Citation
[2012] KEHC 5518 (KLR)
Parties
Applicant: Teresiah Wanjiku; Applicant: Sylvia Wanjiru Kamiri; Respondent: Francis Karanja Kamiri; Respondent: Daniel Njehia Kamiri
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
25 June 2012
Case Number
Probate & Administration 185 of 2009
Procedural Posture
Succession Cause / Ruling on Application for Revocation/annulment of Grant and Application for Distribution of Rental Proceeds
Outcome
Petitioners' application dismissed; objectors' application granted in part; properties expunged from estate; grant of representation not revoked.
Legal Topics
Succession of Estates, Joint Proprietorship, Grant of Representation, Revocation of Grant
Source Language
English
Family and Children Land and Property Succession of Estates Joint Proprietorship Grant of Representation Revocation of Grant

Case Brief

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Parties

Teresiah Wanjiku

Applicant

Sylvia Wanjiru Kamiri

Applicant

Francis Karanja Kamiri

Respondent

Daniel Njehia Kamiri

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Revocation/annulment of Grant and Application for Distribution of Rental Proceeds

Legal Issues

  1. 1 Whether the deceased Edittar Wairimu Kamiri had any interest in Eldoret Municipality Block 12/356 and 357 at the time of her death.
  2. 2 Whether the properties in question formed part of the estate available for distribution to the petitioners.
  3. 3 Whether the grant of representation should be revoked or annulled due to alleged non-disclosure or misrepresentation by the petitioners.

Ratio Decidendi

The court found that Edittar Wairimu Kamiri was a joint proprietor of Eldoret Municipality Block 12/356 and 357 with the objectors. By operation of Section 102(b) of the Registered Land Act, her interest in the properties vested automatically in the surviving joint proprietors upon her death and did not form part of her estate. Therefore, the properties could not be distributed to the petitioners nor bequeathed by will unless the joint proprietorship had first been severed, which was not done. The court further held that while the petitioners may have misunderstood the legal consequences of joint proprietorship, their non-disclosure was not material enough to justify revocation or...

Court Disposition

Petitioners' application dismissed; objectors' application granted in part; properties expunged from estate; grant of representation not revoked.

Orders

  • Petitioners' application dated 5th May, 2011 is dismissed.
  • Objectors' application dated 30th December, 2010 is granted in part.