[2016] KEHC 3614 (KLR)
The court found that the applicant was a son of the deceased and a rightful beneficiary of the estate. The respondents obtained the grants of letters of administration and confirmed grants without informing or obtaining the consent of the applicant, thereby excluding him from the succession process and from the list...
Source-derived case information.
- Citation
- [2016] KEHC 3614 (KLR)
- Parties
- Applicant: Muriithi Njagi Njogu; Respondent: Beatrice Gaceke Njogu; Respondent: Mary Wangari Mbutiti; Respondent: Phillisila Muthoni Albert
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 175 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- application allowed; grants revoked
- Legal Topics
- Revocation of Grant, Succession Procedure, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Muriithi Njagi Njogu
Applicant
Beatrice Gaceke Njogu
Respondent
Mary Wangari Mbutiti
Respondent
Phillisila Muthoni Albert
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grants of letters of administration and confirmed grants were obtained without the applicant's knowledge or consent.
- 2 Whether the applicant, as a son of the deceased, was entitled to a share of the estate.
- 3 Whether the grants should be revoked due to non-disclosure or exclusion of a beneficiary.
Ratio Decidendi
The court found that the applicant was a son of the deceased and a rightful beneficiary of the estate. The respondents obtained the grants of letters of administration and confirmed grants without informing or obtaining the consent of the applicant, thereby excluding him from the succession process and from the list of beneficiaries. The evidence was unopposed, and the court was satisfied that the applicant had proved his case. The exclusion of a beneficiary and lack of notice or consent justified the revocation of the grants under the Law of Succession Act. Accordingly, the court revoked the letters of administration and the two confirmed grants issued to the respondents.
Court Disposition
application allowed; grants revoked
Orders
- The letters of administration and the two confirmed grants issued to the respondents are revoked in terms of prayer No. 1 of the chamber summons dated 25th March 2009.
- No orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
SUCCESSION CAUSE NO. 175 OF 2009
IN THE MATTER OF THE ESTATE OF ALBERT NJOGU NJAGI (DECEASED)
MURIITHI NJAGI NJOGU..........................................APPLICANT
VERSUS
BEATRICE GACEKE NJOGU
MARY WANGARI MBUTITI
PHILLISILA MUTHONI ALBERT...................RESPONDENTS
RULING
1. The applicant's application brought by chamber summons seeks revocation of the letters of administration and the confirmed grants issued to both Beatrice Gaceke Njogu and Mary Wangari Mbutiti in Kerugoya Senior Resident Magistrate's Court Succession Cause No. 176 of 2001 and those issued and confirmed in Kerugoya Senior Resident Magistrate's Court Succession Cause No. 290 of 2000 to Philisila Muthoni Albert in respect of the estate of the deceased. He also seeks provision of costs of this application.
2. The application is based on his supporting affidavit dated 25th March 2009. The applicant testified as PW 1 in support of the revocation of the two grants. He testified that he is a shoe repairer at Kamwana. His evidence is that Beatrice Gaceke Njogu is his mother. It is also his evidence that Philisila Muthoni Albert is the wife of his late father. According to him, Mary Mbutiti Wangari claims to be the wife of his late father. In his further evidence in court, he confirmed that the respondents did not inform him that they had filed succession causes in respect of the suit land parcel No. Ngariama/Lower Ngariama/1545. In Kerugoya SRM's succession cause No. 176 of 2001, a certificate of confirmation of grant was issued to both Mary Wangari Mbutiti and Beatrice Gaceke Njogu. This certificate was put in as exhibit PEX 1. The applicant is not one of the beneficiaries according to PEX 1. Furthermore, it is also clear from the title deed in respect of the suit land which was put in evidence as exhibit PEX 3 that the applicant is not one of the registered owners of the suit land.
3. The evidence of the applicant was not opposed. The proceedings were conducted in the presence of the first respondent but in the absence of the second and third respondents. I was satisfied that they were properly served and had adequate notice of the hearing.
4. I find from the evidence of the applicant that he is the son of the deceased. I also find that he is a beneficiary of the estate of the deceased. Furthermore, I also find that he was entitled to a share of the estate of the deceased. I believe his evidence that the respondents took out letters of administration intestate and were issued with the two confirmed grants without his consent.
5. In the circumstances, I find that the applicant has proved his case against the respondents. And for that reason, the letters of administration and the two confirmed grants are hereby revoked in terms of prayer No. 1 of the chamber summons dated 25th March 2009.
6. I make no orders as to costs since the dispute involves family members.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 21stday of JUNE 2016
In the absence of the applicant and all the three respondents.
Court clerk Njue
J.M. BWONWONGA
JUDGE
21. 06. 16