[2006] KEHC 151 (KLR)
The court found that the applicant, Mary Akisa, failed to disclose all beneficiaries of the deceased's estate by omitting the children of her late sister, Domtilla Amokolo. This omission constituted material non-disclosure. The Law of Succession Act requires that all persons entitled to a share of the estate be...
Source-derived case information.
- Citation
- [2006] KEHC 151 (KLR)
- Parties
- Applicant: Mary Akisa Oricho; Deceased: Simon Oricho Omerekeke
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- ? 95 of 2005
- Procedural Posture
- Probate and Administration Cause / Ruling on Application for Grant of Letters of Administration
- Outcome
- grant of letters of administration revoked; leave granted for fresh application
- Judges
- CA Ombija
- Legal Topics
- Succession, Grant of Letters of Administration, Priority of Beneficiaries, Revocation of Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Akisa Oricho
Applicant
Simon Oricho Omerekeke
Deceased
Procedural Posture
Probate and Administration Cause / Ruling on Application for Grant of Letters of Administration
Legal Issues
- 1 Whether the applicant failed to disclose all beneficiaries entitled to a share of the deceased's estate.
- 2 Whether the grant of letters of administration should be revoked due to material non-disclosure.
Ratio Decidendi
The court found that the applicant, Mary Akisa, failed to disclose all beneficiaries of the deceased's estate by omitting the children of her late sister, Domtilla Amokolo. This omission constituted material non-disclosure. The Law of Succession Act requires that all persons entitled to a share of the estate be included in the application for a grant of letters of administration. The court held that the grant issued on 31st January 2006 was obtained in circumstances that justified its revocation. In the interest of justice and to ensure all beneficiaries are considered, the court revoked the grant and directed that a fresh application be filed jointly by Mary Akisa and Domtilla Amokolo...
Court Disposition
grant of letters of administration revoked; leave granted for fresh application
Orders
- The grant issued on 31st January 2006 is revoked.
- Leave is granted for filing of a fresh application in the joint names of Mary Akisa and Domtilla Amokolo.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
Prob & Admin Cause 95 OF 2005
MARY AKISA ORICHO :::::::::::::::::::::::::::::: APPLICANT
AND
SIMON ORICHO OMEREKEKE ::::::::::::::::::: DECEASED
RULING
Mary Akisa, the applicant, is the daughter of Simon Oricho Omekeke who died on 20th December 1984.
According to Mary Akisa’s evidence, on oath, the deceased was survived by herself (Mary Akisa) and her sister Domtilla Amokolo. Domtilla died in 1984 and was survived by five (5) children, namely James Ouma, Damol Erite, Patrick Odema and James Ethamalina.
Mary Akisa has two children. She included the name of one of them: James Ekamiran but excluded all the children of Domtilla Amokolol.
Section 66 of the Law of Succession Act lists in a hierachical order the persons to whom grant of representation in intestacy can be made to. The surviving spouse has priority in applying for and being granted letters of administration. Ranking second in priority are the surviving children of the deceased Simon Oricho Omerekeke who in this case are Mary Akisa, the applicant and Domtillah Amokolol.
Domtilla and her children have not been included as beneficiaries in these proceedings. Accordingly, I find as a matter of law that the application is riddled with material non-disclosure. In the interest of justice, I revoke the grant issued on 31st January 2006 and grant leave for filing of a fresh application in the joint names of Mary Akisa and Domtila Amokolol.
DATED and DELIVERED at Busia this 27th day of November, 2006.
N.R.O. OMBIJA
JUDGE
Delivered in the presence of Mary Akisa Oricho the applicant.