[2010] KEHC 2724 (KLR)
The court found that the Principal Magistrate’s Court at Migori lacked jurisdiction to issue the grant of letters of administration because the value of the deceased’s estate, as confirmed by the employer, exceeded Kshs. 100,000. This contravened Section 47 of the Law of Succession Act, which reserves such...
Source-derived case information.
- Citation
- [2010] KEHC 2724 (KLR)
- Parties
- Applicant: Robert Ouru Oich; Applicant: Richard Osca Ouya; Applicant: Geoffrey Ouma Ouya; Respondent: Ludia Auma Dibuoro
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 43 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Revocation of Grant
- Outcome
- Application for revocation of grant allowed.
- Legal Topics
- Succession, Revocation of Grant, Jurisdiction of Court, Intestate Estate, Disclosure of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Ouru Oich
Applicant
Richard Osca Ouya
Applicant
Geoffrey Ouma Ouya
Applicant
Ludia Auma Dibuoro
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained by fraud, concealment of material facts, or misrepresentation.
- 2 Whether the Principal Magistrate’s Court at Migori had jurisdiction to issue the grant given the value of the estate exceeded Kshs. 100,000.
- 3 Whether the petitioner failed to disclose all beneficiaries of the deceased's estate.
Ratio Decidendi
The court found that the Principal Magistrate’s Court at Migori lacked jurisdiction to issue the grant of letters of administration because the value of the deceased’s estate, as confirmed by the employer, exceeded Kshs. 100,000. This contravened Section 47 of the Law of Succession Act, which reserves such jurisdiction to the High Court. The court did not find it necessary to address the other grounds raised by the applicants, such as fraud or non-disclosure of beneficiaries, since the lack of jurisdiction was dispositive. Consequently, the application for revocation of the grant was allowed, and the petitioner was ordered to bear the costs of the application.
Court Disposition
Application for revocation of grant allowed.
Orders
- The grant of letters of administration issued by the Principal Magistrate’s Court at Migori is revoked.
- The petitioner shall bear the costs of this application.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Miscellaneous Application 43 of 2008
IN THE MATTER OF THE ESTATE OF:
SARAH OKELLO ………………………….………………….……DECEASED
AND
IN THE MATTER OF REVOCATION OF GRANT OF LETTERS OF ADMINISTRATION
BETWEEN
ROBERT OURU OICH)
RICHARD OSCA OUYA) …………… OBJECTORS/APPLICANTS
GEOFFREY OUMA OUYA)
AND
LUDIA AUMA DIBUORO ……………..…… PETITIONER/RESPONDET
RULING
The petitioner filedSuccession cause No. 6 of 2008in thePrincipal Magistrate’s Court at Migori.In the said petition she stated that she is the mother ofSarah Okello,(hereinafter referred to as the“deceased”who died on17th November 2007. The deceased was working at South Nyanza Sugar Company Limited(Sony).
In the said petition, the deceased’s assets were shown as“benefits from Sony”whose estimated value was given as Kshs. 100,000/=.The said court issued a grant of letters of administration intestate on4th April 2008.
On12th May 2008the applicants filed an application seeking revocation of the grant on grounds,inter alia,that it was obtained by fraud, concealment of material facts and/or deliberate misrepresentation.
The 1st applicant stated in his affidavit in support of application that the deceased was married toSamuel Ouya Oich(also deceased) who was his brother.The deceased and her late husband did not get any children.Oich had also marriedMonica AtienoOuyaandSusan Atieno Ouyaboth of whom predeceasedSarah Okello.Monica Atieno Ouya and her husband were blessed with three children namely,Richard Osca Ouya, Geoffrey Ouma OuyaandMary Adoyo Ouya.Susan Atieno Ouya and her deceased husband sired one child known asVictor Omondi Ouya.The deceased (Sarah Okello) therefore had the following step children:
-Richard Osca Ouya
-Geoffrey Ouma Ouya (2nd and 3rd applicants),
-Mary Adoyo Ouya and
-Victor Omondi Ouya.
The applicants stated that the petitioner did not disclose
the above information in her petition.They also contended that the petition was filed in a court that lacked jurisdiction.
Although the aforesaid application was opposed by the petitioner, this court made an order by consent of counsel for the parties that Sony do provide a statement showing what the deceased’s terminal benefits were with a view to determining whether the petition had been filed in a court of competent jurisdiction.By a letter dated 13th may 2009, the company secretary of Sony informed this court’s deputy registrar that the deceased’s terminal benefits amounted toKshs. 152,037. 38/=.
When the deceased was employed by Sony, she declared her husband, Samuel Ouya, as her next of kin.But in October 2007 she changed her declaration of the next of kin and gave the names of the petitioner (her mother), and her sistersMillicent Adhiambo MadaraandNeckline Akinyi.
The deceased was also said to have given to her employer a document that was titled“my will”in which she restated the names of the aforesaid persons who were named as the people entitled to her terminal benefits.The purported will was not proved and after the deceased’s death the petitioner applied for grant letters of administration intestate.She then sought an advance of the deceased’s terminal benefits amounting to Kshs. 50,000/= which was given to her.
It is not clear whether the petitioner was aware of the alleged will of the deceased.It is however not in dispute that she applied for letters of administration intestate from a court that had no jurisdiction to issue the grant.
Section 47of theLaw ofSuccession Act clearly states that where the deceased’s estate exceeds Kshs.100,000/=, jurisdiction to issue a grant of representation can only be exercised by the High Court.That being the case, this application must be allowed.I need not consider all the other issues that were raised by the applicants and opposed by the respondent.The petitioner shall bear the costs of this application.
DATED, SIGNED AND DELIVERED AT KISII THIS 23RD DAY OF MARCH, 2010.
D. MUSINGA
JUDGE.
23/3/2010
Before D. Musinga, J.
Mobisa – cc
Mr. Ochwangi for the Applicants
Mr. Kisera for the Petitioner
Court:Ruling delivered in open court on23/3/2010.
D. MUSINGA
JUDGE.