[2016] KEHC 1486 (KLR)

[2016] KEHC 1486 (KLR)

The court found that the applicant failed to discharge the burden of proof regarding his allegations of forgery and fraudulent obtainment of the grant. The evidence showed that consents were signed by the beneficiaries, including the applicant, and witnessed by an advocate. The applicant did not provide expert evidence or summon the advocate to challenge the authenticity of the signatures. The delay in raising the issue and the applicant's awareness of the proceedings further undermined his claims. The court held that the application for revocation was unmerited, but ordered the administrators to provide an inventory or account of the estate administration as required by law.

Citation
[2016] KEHC 1486 (KLR)
Parties
Applicant: Samuel Iregi Gitau; Respondent: Wanjiku Gitau
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 September 2016
Case Number
Succession Cause 527 B of 2007
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Outcome
application dismissed with orders
Legal Topics
Revocation of Grant, Consent of Beneficiaries, Fraudulent Obtainment, Administration of Estate, Inventory and Accounting
Source Language
English
Family and Children Revocation of Grant Consent of Beneficiaries Fraudulent Obtainment Administration of Estate Inventory and Accounting

Case Brief

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Parties

Samuel Iregi Gitau

Applicant

Wanjiku Gitau

Respondent

Procedural Posture

Succession Cause / Ruling on Summons for Revocation of Grant

Legal Issues

  1. 1 Whether the grant of letters of administration was obtained fraudulently or irregularly by the administrators.
  2. 2 Whether the applicant and his siblings' consent was obtained for the grant and confirmation of grant.
  3. 3 Whether the applicant has proved allegations of forgery of signatures and concealment of material facts.

Ratio Decidendi

The court found that the applicant failed to discharge the burden of proof regarding his allegations of forgery and fraudulent obtainment of the grant. The evidence showed that consents were signed by the beneficiaries, including the applicant, and witnessed by an advocate. The applicant did not provide expert evidence or summon the advocate to challenge the authenticity of the signatures. The delay in raising the issue and the applicant's awareness of the proceedings further undermined his claims. The court held that the application for revocation was unmerited, but ordered the administrators to provide an inventory or account of the estate administration as required by law.

Court Disposition

application dismissed with orders

Orders

  • The summons for revocation dated 9th April 2014 is dismissed.
  • The administrators, Patrick Njuguna Iregi and Flaciah Wanjiru, shall undertake their duties in accordance with Sections 82 and 83 of the Law of Succession Act.