[2009] KEHC 4267 (KLR)
The court found that the respondent failed to disclose the names of all beneficiaries in the succession proceedings and did not obtain their consents for the appointment of administrator, confirmation of grant, and distribution of assets. This non-disclosure constituted sufficient grounds for revocation or annulment...
Source-derived case information.
- Citation
- [2009] KEHC 4267 (KLR)
- Parties
- Applicant: Peter Ng’ang’a Kiarie; Respondent: Charles Mburu Kiarie
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 831 of 2007
- Procedural Posture
- Revocation Application / Ruling on Application for Revocation or Annulment of Grant
- Outcome
- Application for revocation or annulment of grant allowed; restraining orders issued; costs in the cause.
- Legal Topics
- Revocation of Grant, Consent of Beneficiaries, Succession Procedure, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ng’ang’a Kiarie
Applicant
Charles Mburu Kiarie
Respondent
Procedural Posture
Revocation Application / Ruling on Application for Revocation or Annulment of Grant
Legal Issues
- 1 Whether the letters of administration should be revoked or annulled due to lack of disclosure of all beneficiaries.
- 2 Whether the court should order cancellation of the title deed and reinstatement of the deceased as owner at the revocation stage.
- 3 Whether restraining orders should be issued regarding dealings with the disputed land parcel.
Ratio Decidendi
The court found that the respondent failed to disclose the names of all beneficiaries in the succession proceedings and did not obtain their consents for the appointment of administrator, confirmation of grant, and distribution of assets. This non-disclosure constituted sufficient grounds for revocation or annulment of the grant under section 76(b) and (c) of the Law of Succession Act. The court declined to order reinstatement of the deceased as owner of the land at this stage, holding that such a substantive order was not appropriate at the revocation stage. Instead, the court issued restraining orders against any dealing or disposal of the disputed land parcel until the matter is...
Court Disposition
Application for revocation or annulment of grant allowed; restraining orders issued; costs in the cause.
Orders
- The letters of administration re-issued on 8th January and confirmed on 12th June, 2002 are revoked or annulled.
- Restraining orders are issued against any dealing or disposal of land parcel No. LOC. 4/GAKUI/918 until the matter is resolved or as may be determined by the court.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
Probate & Administration 831 of 2007
IN THE MATTER OF THE ESTATE OF WAMBUI KIARIES ALIAS MARGARET
WAMBUI KIARIES – (DECEASED)
PETER NG’ANG’A KIARIE……………………………….… APPLICANT
-V S –
CHARLES MBURU KIARIE……………………..……….. RESPONDENT
R U L I N G
This is an application by way of Chamber Summons dated 25th October, 2004. It is headed as an application for revocation or annulment of grant and confirmation of grant. It was purported to be filed under Rule 44 of the Probate and Administration Rules. The orders sought are as follows-
1. THAT the letters of Administration re issued on 8th
January, 201 and confirmed on 12th June, 2002 be revoked or annulled on the grounds set out in section 76(b) & (c) of the Law of Succession Act (Cap. 160 Laws of Kenya).
2. THAT the Honourable Court be pleased to issue a
court order to Murang’a district Land Registrar to cancel the illegally acquired title deed No. LOC. 4/GAKUI/918 by removing the names Charles Mburu Kiarie and reinstating in the Green Card Wambui Kiarie the original owner.
3. THAT costs of this application be provided for.
There are grounds on the face of the Summons. The application was filed with an affidavit sworn by the applicant Peter Ng’ang’a Kiarie on 26th October, 2004.
The application is vehemently opposed and a replying affidavit sworn on 4th December 2004 by Charles Mburu Kiarie the response was filed. Counsel for the applicant and the respondent also addressed me.
It does not appear in dispute that the respondent had indicted that he was the only beneficiary in the succession proceedings herein being challenged. It does not appear in dispute that other beneficiaries did not file consents to the appointment of an administrator; to the confirmation; and also to the distribution of assets. The respondent however contends that the beneficiaries knew of the proceedings but apparently did or chose not to participate. The respondent also contends that the applicant was guilty of delays in prosecuting the present application.
In my view, since the applicant did not disclose the names of other beneficiaries, the grant is for nullification. If he disclosed the names of the other beneficiaries, their consent would have to be obtained for and filed for appointment of the administrator; confirmation; and distribution. On that ground alone, I will have to revoke or nullify the grant as requested.
The applicant asks me to order that the subject land be registered in the name of the deceased. That appears to be a substantive order, which I will not make at the application for revocation stage. I can only grant, and will grant restraining orders with regard to dealing with the said plot.
Consequently, and for the above reasons, I order as follows-
1. The letters of administration re-issued on 8th
January, and confirmed on 12th June, 2002 be and are hereby revoked or annulled.
2. I issue restraining orders against any dealing
or disposal of land parcel No. LOC. 4/GAKUI/918 until this matter is resolved, or as may hereafter be determined by the court.
3. Costs in the cause.
Dated and delivered at Nairobi this 18th day of November, 2009.
George Dulu
Judge.
In the present of-
Mr. Njeru for applicant
David Court clerk.