[2007] KEHC 126 (KLR)
The court found that the petitioner failed to disclose a material liability of the estate, namely the hospital bill guaranteed by the objector, in the succession application forms. The liability was not disputed by the petitioner, who acknowledged the debt and undertook to pay it after obtaining the grant. The...
Source-derived case information.
- Citation
- [2007] KEHC 126 (KLR)
- Parties
- Petitioner: Seraphine Muthoni Kariuki; Objector: Isabella G. Matheka
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 92 of 2007
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Grant issued to petitioner with conditions; petitioner to pay hospital bill and costs.
- Legal Topics
- Probate and Administration, Estate Liabilities, Disclosure of Liabilities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Seraphine Muthoni Kariuki
Petitioner
Isabella G. Matheka
Objector
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Whether the petitioner failed to disclose a material liability of the estate in the succession proceedings.
- 2 Whether the estate is liable to pay the hospital bill guaranteed by the objector.
- 3 What orders should be made regarding the payment of the hospital bill and costs.
Ratio Decidendi
The court found that the petitioner failed to disclose a material liability of the estate, namely the hospital bill guaranteed by the objector, in the succession application forms. The liability was not disputed by the petitioner, who acknowledged the debt and undertook to pay it after obtaining the grant. The omission was deemed serious, but did not bar the issuance of the grant. The court ordered that the grant be issued to the petitioner, with a directive that she immediately discharge the hospital bill to secure the release of the objector's log book, and pay the debt within 30 days. The petitioner was found at fault for the omission and ordered to pay the objector's costs.
Court Disposition
Grant issued to petitioner with conditions; petitioner to pay hospital bill and costs.
Orders
- A grant shall issue to the petitioner forthwith.
- The petitioner shall immediately discharge the hospital bill of Ksh.450,623 to enable release of the objector's log book.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT EMBU
SUCCESSION CAUSE 92 OF 2007
IN THE MATTER OF THE ESTATE OF RICHARD KARIUKI-DECEASED
SERAPHINE MUTHONI…………………………………..PETITIONER
VERSUS
ISABELLA G. MATHEKA………………………….……..OBJECTOR
JUDGMENT
There is objection to the making of grant to Seraphine Muthoni Kariuki the widow of deceased. Richard Kariuki Nyaga. The objector, Isabella G. Matheka objects because under form P & A5 paragraph 6 the petitioner did not include the fact that the estate had to pay the liability of hospital bills incurred by deceased. She said that she guaranteed the payment of hospital bills so that the body of deceased could be released for burial. She left her log book in respect of motor vehicle KAN 476 G to hospital authorities as security. The petitioner said she would pay the bill. The bill amounted to Ksh.450,623/=. There were witnesses to confirm this objector’s claim and the Petitioner did not dispute the claim. She said she would pay after obtaining the grant. She said she had not been able to collect the estate without the grant. After considering the evidence I find the liability of the estate to the objectors claim is not disputed. The petitioner did not disclose this liability in P& A5 form. This was a serious omission.
I find that the grant shall issue to the petitioner and she will immediately discharge the hospital bill to enable the objector’s log book to be released to objector. She will pay the debt within 30 days of the issue of the grant. The petitioner was at fault in this dispute she shall pay costs to the objector to be agreed upon or taxed. I order a grant to be issued to the petitioner forthwith
It is so ordered.
Dated this 9th November, 2007.
9/11/2007
Khaminwa – Judge
Njue - Clerk
Petitioner present
Read in open court.
J. N. KHAMINWA
JUDGE