[2015] KEHC 6138 (KLR)
The court found that a consent to the making of the grant was filed and signed by twenty beneficiaries, including the applicants. The applicants' claim that their consent was not obtained was not supported by the evidence. However, to address concerns about the administration of the estate and to protect the...
Source-derived case information.
- Citation
- [2015] KEHC 6138 (KLR)
- Parties
- Respondent: Serah Munyiva Kivindu; Respondent: Grace Munanie Mbondo; Applicant: Daniel Musau Mbondo; Applicant: Joseph Kivindu Mbondo; Applicant: Wilson Itumo Mbondo; Applicant: Mutisya Mbondo; Applicant: David M. Mbondo; Applicant: Mbatha Mbondo; Applicant: Syondia Mbondo; Applicant: Mumbua Mbondo
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 582 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Revocation of Grant
- Outcome
- Application for revocation of grant dismissed; directions given for appointment of additional administrator.
- Judges
- BT Jaden
- Legal Topics
- Succession, Grant Revocation, Administrator Appointment, Consent of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serah Munyiva Kivindu
Respondent
Grace Munanie Mbondo
Respondent
Daniel Musau Mbondo
Applicant
Joseph Kivindu Mbondo
Applicant
Wilson Itumo Mbondo
Applicant
Mutisya Mbondo
Applicant
David M. Mbondo
Applicant
Mbatha Mbondo
Applicant
Syondia Mbondo
Applicant
Mumbua Mbondo
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained fraudulently or through concealment of material facts.
- 2 Whether the consent of all beneficiaries was obtained prior to the issuance of the grant.
- 3 Whether the appointment of administrators adequately protects the interests of all beneficiaries.
Ratio Decidendi
The court found that a consent to the making of the grant was filed and signed by twenty beneficiaries, including the applicants. The applicants' claim that their consent was not obtained was not supported by the evidence. However, to address concerns about the administration of the estate and to protect the interests of all parties, the court ordered that the applicants may propose one of their own to be appointed as a third administrator. The 2nd respondent may remain as administrator or relinquish her position to one of her children. This arrangement ensures balanced representation and addresses the applicants' apprehensions regarding the administration of the estate.
Court Disposition
Application for revocation of grant dismissed; directions given for appointment of additional administrator.
Orders
- The 1st applicant is to remain as an administrator.
- The 2nd respondent may remain as administrator or relinquish her position to one of her children.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
SUCCESSION CAUSE NO. 582 OF 2011
IN THE MATTER OF THE ESTATE OF MBONDO KATA (DECEASED)
1. SERAH MUNYIVA KIVINDU
2. GRACE MUNANIE MBONDO .................. PETITIONERS/RESPONDENTS
VERSUS
1. DANIEL MUSAU MBONDO
2. JOSEPH KIVINDU MBONDO
3. WILSON ITUMO MBONDO
4. MUTISYA MBONDO
5. DAVID M. MBONDO
6. MBATHA MBONDO
7. SYONDIA MBONDO
8. MUMBUA MBONDO……………………………OBJECTORS/APPLICANTS
R U L I N G
The application dated 26/11/2013 seeks orders that the Grant issued herein on 26/10/2011 be revoked and or annulled.
According to the Affidavit in support, the Grant was issued to the 1st Respondent, Serah Munyiva Kivindu and 2nd Respondent Grace Munanie Mbondo through defective proceedings. It is averred that the Grant was obtained fraudulently by the making of false statements or by concealment of material facts to the court. The Applicant accused the 1st Respondent who is a wife to their brother of taking advantage of their mother the 2nd Respondent who is elderly. It is the Applicant’s contention that their consent was not obtained prior to the obtaining of the Grant.
In opposition to the application, the 1st Respondent filed a replying affidavit. According to the 1st Respondent, the deceased had two houses. That the widow, Mary Mwende Mbondo had five daughters but no sons and with the consent of the deceased married her under Kamba Customary Law and she bore her 11 children. That the other widow, Grace Munanie Mbondo (2nd Respondent) and her children who are the Objectors herein are aware of the said position.
During the hearing of the application, the parties relied on their affidavits which I have duly considered.
It is noted that a consent to the making of a Grant was filed herein on 14/7/2011. The said consent reflects that it was signed by twenty beneficiaries, among them the Applicants herein. The Applicants have not been referred to in the said consent yet they had stated that their consent was not obtained.
Be as it may, it seems the Applicants are aggrieved by the fact that the 1st Respondent is an Administrator to the estate of the deceased. It is also noted that the Applicants are apprehensive that the 1st Respondent may take advantage of their elderly mother who is the 2nd Respondent. These fears can be taken care of by the appointment of one of the Applicants as the third Administrator in the estate of the deceased. This will cater for the interests of all the parties, including the interests of the 1st Respondent whose position is that she is also a beneficiary in the estate of the deceased.
With the foregoing, the 1st Applicant is to remain as an Administrator herein. The 2nd Respondent is at liberty to either remain as a 2nd Administrator or to relinquish her position to one of her children. The Applicants are also at liberty to propose one of them to be the 3rd Administrator. The house of the 2nd Administrator to deliberate on the matter and inform the court of their decision on the next mention date. Orders accordingly.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 19th day of February 2015.
………………………………………
B. THURANIRA JADEN
JUDGE