[2013] KEHC 3399 (KLR)

[2013] KEHC 3399 (KLR)

The court found that the applicant failed to prove the existence of a customary law marriage with the deceased, as no evidence of performance of customary rites was provided and the matter was inappropriately disposed of by affidavit rather than oral evidence. The applicant also failed to provide sufficient evidence to support a presumption of marriage by cohabitation. Furthermore, the allegations of fraud in the grant process were not supported by sufficient particulars or evidence, and the lower court file was not availed to substantiate claims of procedural defects or concealment. Consequently, the applicant did not meet the required standard of proof for revocation of the grant under...

Citation
[2013] KEHC 3399 (KLR)
Parties
Respondent: W.M; Respondent: N.M; Applicant: __MISSING__
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
16 May 2013
Case Number
Succession Cause 20 of 2011
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Outcome
application dismissed with costs
Judges
DN Musyoka
Legal Topics
Revocation of Grant, Proof of Customary Marriage, Presumption of Marriage, Fraud in Succession, Cohabitation Evidence
Source Language
English
Family and Children Civil Procedure Revocation of Grant Proof of Customary Marriage Presumption of Marriage Fraud in Succession Cohabitation Evidence

Case Brief

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Parties

W.M

Respondent

N.M

Respondent

__MISSING__

Applicant

Procedural Posture

Succession Cause / Ruling on Summons for Revocation of Grant

Legal Issues

  1. 1 Whether the applicant was married to the deceased under customary law or by presumption of marriage.
  2. 2 Whether the applicant was entitled to be included as a beneficiary of the deceased's estate.
  3. 3 Whether the grant was obtained fraudulently or by concealment of material facts.

Ratio Decidendi

The court found that the applicant failed to prove the existence of a customary law marriage with the deceased, as no evidence of performance of customary rites was provided and the matter was inappropriately disposed of by affidavit rather than oral evidence. The applicant also failed to provide sufficient evidence to support a presumption of marriage by cohabitation. Furthermore, the allegations of fraud in the grant process were not supported by sufficient particulars or evidence, and the lower court file was not availed to substantiate claims of procedural defects or concealment. Consequently, the applicant did not meet the required standard of proof for revocation of the grant under...

Court Disposition

application dismissed with costs

Orders

  • The summons for revocation of grant dated 10th January 2011 is dismissed with costs to the respondents.