[2015] KEHC 2970 (KLR)

[2015] KEHC 2970 (KLR)

The court found that the respondent was not a dependent or relative of the deceased and had fraudulently obtained the grant by concealing the existence of the deceased's children, failing to notify or obtain their consent, and making false statements to the court and the area chief. The respondent's claim of...

Source-derived case information.

Citation
[2015] KEHC 2970 (KLR)
Parties
Respondent: Stephen Gitonga; Applicant: Purity Mutheu Kirimi; Applicant: John Munene Kirimi; Applicant: Jane Kathure Kirimi; Applicant: Kenneth Kimathi Kirimi; Applicant: Irene Makena Kirimi; Applicant: Benson Mwiti Kirimi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
17 September 2015
Case Number
Succession Cause 255 of 2013
Procedural Posture
Succession Cause / Judgment
Outcome
application for revocation of grant allowed
Judges
AN Makau, RPV Wendoh
Legal Topics
Revocation of Grant, Fraud in Succession, Priority of Beneficiaries, Administration of Estate
Source Language
english
Family and Children Revocation of Grant Fraud in Succession Priority of Beneficiaries Administration of Estate

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Parties

Stephen Gitonga

Respondent

Purity Mutheu Kirimi

Applicant

John Munene Kirimi

Applicant

Jane Kathure Kirimi

Applicant

Kenneth Kimathi Kirimi

Applicant

Irene Makena Kirimi

Applicant

Benson Mwiti Kirimi

Applicant

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Whether the grant of letters of administration was obtained fraudulently or by concealment of material facts.
  2. 2 Whether the petitioner/respondent was entitled to apply for and obtain the grant in priority to the deceased's children.
  3. 3 Whether the proceedings to obtain the grant were defective in substance.

Ratio Decidendi

The court found that the respondent was not a dependent or relative of the deceased and had fraudulently obtained the grant by concealing the existence of the deceased's children, failing to notify or obtain their consent, and making false statements to the court and the area chief. The respondent's claim of redeeming the property from the National Housing Corporation did not entitle him to administer or inherit the estate, but only to claim as a creditor subject to proof. The court held that the proceedings to obtain the grant were defective in substance and that the grant was obtained by fraud and untrue allegations. Consequently, the grant and all subsequent transfers of the estate...

Court Disposition

application for revocation of grant allowed

Orders

  • The grant of letters of administration intestate dated 8th July 2013 and confirmed on 14th November 2013 is revoked.
  • Titles Abothuguchi/Makandune/2211, 2212, 2213, and 2214 are cancelled and revert to original land No. Abothuguchi/Makandune/690 in the name of the deceased.