[2014] KEHC 4123 (KLR)
The court found that the respondent obtained the grant of letters of administration by concealing material facts, specifically by failing to disclose all beneficiaries and misrepresenting the number of wives of the deceased. The applicant's claim that his signature was forged in the consent form was unchallenged and...
Source-derived case information.
- Citation
- [2014] KEHC 4123 (KLR)
- Parties
- Respondent: Margaret Nduku Ndaka; Applicant: Harrison Mulwa Ndaka
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 247 of 2008
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application allowed; grant revoked
- Judges
- LN Mutende
- Legal Topics
- Revocation of Grant, Concealment of Material Facts, Forgery of Signature, Non Disclosure of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Nduku Ndaka
Respondent
Harrison Mulwa Ndaka
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained through concealment of material facts.
- 2 Whether the applicant's signature was forged in the consent to the making of the grant.
- 3 Whether non-disclosure of all beneficiaries warrants revocation of the grant.
Ratio Decidendi
The court found that the respondent obtained the grant of letters of administration by concealing material facts, specifically by failing to disclose all beneficiaries and misrepresenting the number of wives of the deceased. The applicant's claim that his signature was forged in the consent form was unchallenged and thus accepted by the court. The court held that such concealment and forgery are valid grounds for revocation of a grant under Section 76 of the Law of Succession Act. Consequently, the grant issued to the respondent was revoked, and the Registrar of Lands was directed to cancel any title deeds issued pursuant to the revoked grant.
Court Disposition
application allowed; grant revoked
Orders
- The Grant of Letters of Administration issued on 19th November, 2009 is revoked.
- The Registrar of Lands is directed to cancel any title deeds issued subsequent to the confirmation of the Grant.
Full Case Text
Judgment text and source record
28 paragraphs
No.321/2014
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 247 OF 2008
IN THE MATTER OF THE ESTATE OF NDAKA MAINGI (DECEASED)
MARGARET NDUKU NDAKA……………………………………………………PETITIONER
VERSUS
HARRISON MULWA NDAKA ……………………………………OBJECTOR/APPLICANT
R U L I N G
The application dated 2nd August, 2012 brought by way of Noticeof Motionis pursuant to Section 76 of the Lawof Succession Act and Rule 44 of the Probate and Administration Rules. It seeks issuance of an order revoking/annulling aGrantissued to Margaret Nduku Ndaka.
The application is premised on grounds that the grant was obtained through concealment of material facts and it is in the interest of the applicant that his interests be taken into consideration.
The application is supported by an affidavit sworn by the applicant, Harrison Mulwa Ndaka whereby he avers that the petitioner obtained the grant having not disclosed all the beneficiaries of the estate of the deceased; she did not seek consent to the said letters and the signature appearing as his (applicant) is a forgery.
The application is unopposed.
A grant of Letters of Administration Intestate (grant) was issued to the respondent in respect of the estate of Ndaka Maingion the 2nd September 2008. The said Grant was confirmed on the 19th November, 2009. According to the schedule of distribution, only two assets forming the estate of deceased namely, Land Ndalani/Ndalani Block 1920 and Ndalani/Ndalani Block 1/921 were to be subdivided between the respondent and one Peter Muia Kisili. A certificate thereof was issued.
It has been stated that the respondent obtained the grant having concealed some material facts and the applicant’s signature was forged.
A consent to making of the Grant of Administration Intestate to a person of equal or lesser priority was duly signed by three (3) people;-
Harrison Mulwa Ndaka
Wambua Ndaka
Nzuki Ndalla
It is alleged by the applicant that his signature was forged. There is no evidence to controvert the allegation. The applicant must be believed when he makes that assertion.
It has been stated that there was non-disclosure of beneficiaries of the estate of the deceased. A letter written by the Chief Tala Location (annexture “HMNI”) gives more than 22 names of people who survived the deceased. It also discloses the fact that the deceased was married to three (3) wives and not one wife as the respondent made the court to believe.
According to Section 76 of the LawofSuccession Act. Concealment of material facts as in the instant case and making a false statement is a ground for revocation of a grant. In the premises the application is allowed and I make orders as hereunder:-
The Grant of Letters of Administration issued on the 19th November, 2009 be and is hereby revoked.
The Registrar of Lands be and is hereby directed to cancel title deeds if any, issued subsequent to the confirmation of the Grant
The Respondent shall bear costs of the application.
DATED, SIGNEDand DELIVERED at MACHAKOS this 12THday of JUNE 2014.
L.N. MUTENDE
JUDGE