[2010] KEHC 2145 (KLR)
The court found that the Objector had established that Plot No. 305-OLD PUMWANI did not belong to the deceased but to the Objector, as previously determined in a separate suit (Nairobi H.C.C.C. No. 74 of 1985). The Petitioner failed to disclose this material fact and did not contest the Objector's averments. The...
Source-derived case information.
- Citation
- [2010] KEHC 2145 (KLR)
- Parties
- Applicant: Simon Muchiri Mugambi; Respondent: Cyrus Murage Kariuki
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 484 of 2004
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application for revocation of grant allowed
- Legal Topics
- Revocation of Grant, Non Disclosure of Material Facts, Estate Administration, Ownership of Estate Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Muchiri Mugambi
Applicant
Cyrus Murage Kariuki
Respondent
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the grant of letters of administration was obtained by concealment of material facts.
- 2 Whether Plot No. 305-OLD PUMWANI formed part of the estate of the deceased.
- 3 Whether the Objector established sufficient grounds for revocation of the grant.
Ratio Decidendi
The court found that the Objector had established that Plot No. 305-OLD PUMWANI did not belong to the deceased but to the Objector, as previously determined in a separate suit (Nairobi H.C.C.C. No. 74 of 1985). The Petitioner failed to disclose this material fact and did not contest the Objector's averments. The court held that the Petitioner was guilty of material non-disclosure, which justified the revocation of the grant under Section 76 of the Law of Succession Act. Consequently, the application for revocation of grant was allowed, and the grant was revoked with costs awarded to the Objector.
Court Disposition
application for revocation of grant allowed
Orders
- The grant of letters of administration intestate in respect of the Estate of Mugambi Mururia is revoked.
- Costs awarded to the Objector.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI
Succession Cause 484 of 2004
IN THE MATTER OF THE ESTATE OF MUGAMBI MURURIA – DECEASED
SIMON MUCHIRI MUGAMBI……………………..…………..…….PETITIONER
VERSUS
CYRUS MURAGE KARIUKI……………………….…………………..OBJECTOR
RULING
The Grant of Letters of Administration intestate in respect of the Estate of Mugambi Mururia, deceased, was made to SIMON MUCHIRI MUGAMBI, hereinafter referred to as the ‘Petitioner’, on 17th March 2005 and confirmed on 23rd October 2006. CYRUS MURAGE KARIUKI, hereinafter referred to as the ‘Objector’ applied for the revocation of the grant vide the application dated 5th July 2007. There is no evidence that the Petitioner filed any response to the aforesaid application. He, however, filed written submissions just like the Objector.
I have considered the grounds set out on the face of the Summons for Revocation of Grant. I have further considered the written submissions filed by both sides. There is no dispute that the only Estate asset stated to be available for distribution in the certificate of confirmation of grant is Plot No. 305-OLD PUMWANI. It is the submission of the Objector that the aforesaid Plot did not belong to the deceased. It is said it belonged to the Objector having inherited from his aunt Halima Wanjiru vide SUCCESSION CAUSE NO. 118 OF 1979. It is also argued that the Petitioner obtained the grant by concealing facts material to the Succession proceedings. It is alleged that the Petitioner failed to disclose that the deceased had sued the Objector vide NAIROBIH.C.C.C. NO. 74 OF 1985 over the ownership of the aforesaid property. That suit was dismissed and the Objector was declared the owner. The Petitioner did not deny the averments contained in the affidavits. In fact he only attacked the annexures attached to the affidavit filed in support of the application for revocation of grant. After a careful consideration of the rival submissions, I am satisfied that the Objector has established that the property known as PLOT NO. 305-OLD PUMWANI does not belong to the deceased hence it cannot form part of the assets of the Estate of Mugambi Mururia, deceased. I am also convinced that the Petitioner is guilty of material non-disclosure. He had failed to disclose that the deceased had filed a suit against the Objector claiming ownership of the aforesaid property. I am convinced that on the basis of the above reasons, the application for revocation of grant should be allowed. It is allowed as prayed with costs to the Objector.
Dated and delivered at Nyeri this 28th day of May 2010.
J. K. SERGON
JUDGE
In open court in the presence of Mr. Ndirangu for Applicant and Kingori holding brief Ng’ang’a for the Respondent.