[2006] KEHC 757 (KLR)
The court found that the petitioner failed to disclose the existence of the only surviving child of the deceased, Eunice Nangekhe Kunyu, and did not include her as a beneficiary in the application for confirmation of grant. This omission constituted concealment of a material fact and justified the revocation of the...
Source-derived case information.
- Citation
- [2006] KEHC 757 (KLR)
- Parties
- Applicant: Shadrack Wesutila; Respondent: Eunice Nangekhe Kunyu; Respondent: Penina Nambuye
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- ? 68 of 2003
- Procedural Posture
- Probate and Administration / Ruling on Confirmation and Revocation of Grant
- Outcome
- grant revoked; new application for letters of administration to be made by rightful beneficiaries
- Judges
- CA Ombija
- Legal Topics
- Succession, Letters of Administration, Revocation of Grant, Beneficiaries, Confirmation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Wesutila
Applicant
Eunice Nangekhe Kunyu
Respondent
Penina Nambuye
Respondent
Procedural Posture
Probate and Administration / Ruling on Confirmation and Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration intestate was properly obtained and should be confirmed or revoked.
- 2 Whether the only surviving child of the deceased was excluded from the list of beneficiaries.
- 3 Whether the petitioner acted fraudulently or failed to disclose material facts to the court.
Ratio Decidendi
The court found that the petitioner failed to disclose the existence of the only surviving child of the deceased, Eunice Nangekhe Kunyu, and did not include her as a beneficiary in the application for confirmation of grant. This omission constituted concealment of a material fact and justified the revocation of the grant. The court exercised its inherent powers to revoke the grant suo-moto and directed that the rightful beneficiaries, Eunice Nangekhe Kunyu and her mother Penina Nambuye, should apply for letters of administration jointly.
Court Disposition
grant revoked; new application for letters of administration to be made by rightful beneficiaries
Orders
- The grant of letters of administration intestate dated 9th November 2004 is revoked suo-moto.
- Eunice Nangekhe Kunyu and Penina Nambuye are ordered to apply for letters of administration jointly.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
Prob & Admin 68 of 2003
KUNDU WACHABA……………………………………………………..DECEASED
AND
SHADRACK WESUTILA…………………...………………………….PETITIONER
RULING
The petitioner herein, Shadrack Wesutila, made an application for the grant of letters of administration intestate which was granted on 9. 11. 2006.
Subsequently, he applied for the confirmation of grant. When the application came before me, I became suspicious as the applicant was not answering questions put to him by the court as regards beneficiaries straight. I then summoned the Chief of Sirisia Location, Joseph Manduh Soita, who clarified that the deceased left behind one child by the name Eunice Nangekhe Kunyu.
On perusal of the application, I noticed that the name of Eunice Nangekhe Kunyu was not included as a beneficiary yet she is the only surviving child.
I ordered the chief aforesaid to trace Eunice Nengekhe Kunyu who confirmed on oath that she is the only surviving child of the deceased. That she was not aware that the petitioner had made an application for grant of letters of administration intestate and that the applicant had sold the parcel of land.
Against that background, I am persuaded that this grant should not only be confirmed but revoked as well.
Accordingly, I revoke the grant dated 9th November 2004 suo-moto in exercise of my inherent powers. I order that Eunice Nangekhe Kunyu and Penina Nambuye, the mother, to proceed and apply for letters of administration jointly.
DATED and DELIVERED at Bungoma this 8th day of November 2006.
N.R.O. OMBIJA
JUDGE