[2019] KEHC 3043 (KLR)

[2019] KEHC 3043 (KLR)

The court found that the respondents were not the true and actual beneficiaries of the estate of Teresia Akongo Wuoche and Hagnes Owiti Wuoche. The evidence established that the applicants were the biological and step daughters of the deceased and thus entitled to the estate. The respondents failed to prove their...

Source-derived case information.

Citation
[2019] KEHC 3043 (KLR)
Parties
Applicant: Getruda Anyango Ogaga; Applicant: Margaret Obala Osodo; Respondent: George Ochieng Angeng; Respondent: Jenipher Akoth Aolo
Court
High Court
Court Station
High Court at Homa Bay
Jurisdiction
Kenya
Judgment Date
23 October 2019
Case Number
Succession Cause 1 of 2017
Procedural Posture
Succession Cause / Ruling on Amended Summons for Revocation of Grant
Outcome
Application for revocation of grant allowed; grant and certificate of confirmation of grant revoked.
Legal Topics
Revocation of Grant, Fraudulent Obtainment of Grant, Concealment of Material Facts, Beneficiary Entitlement, Letters of Administration
Source Language
english
Family and Children Civil Procedure Revocation of Grant Fraudulent Obtainment of Grant Concealment of Material Facts Beneficiary Entitlement Letters of Administration

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Summary, issues, holding and outcome

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Parties

Getruda Anyango Ogaga

Applicant

Margaret Obala Osodo

Applicant

George Ochieng Angeng

Respondent

Jenipher Akoth Aolo

Respondent

Procedural Posture

Succession Cause / Ruling on Amended Summons for Revocation of Grant

Legal Issues

  1. 1 Whether the grant and certificate of confirmation of grant dated 12th June 2015 were obtained fraudulently by making false statements and/or concealment of material facts.
  2. 2 Whether the respondents had legal capacity to obtain the grant and be beneficiaries of the estate of Teresia Akongo Wuoche and Hagnes Owiti Wuoche.
  3. 3 Whether the applicants/objectors are the rightful beneficiaries entitled to the estate.

Ratio Decidendi

The court found that the respondents were not the true and actual beneficiaries of the estate of Teresia Akongo Wuoche and Hagnes Owiti Wuoche. The evidence established that the applicants were the biological and step daughters of the deceased and thus entitled to the estate. The respondents failed to prove their alleged relationship to the deceased and had no legal capacity to obtain the grant. The process by which the respondents took over the succession cause after the death of Peter Aolo Magolo was irregular, improper, and unlawful, as there was no court-sanctioned substitution or ad litem grant. The information provided to the court by the respondents and their predecessor was false...

Court Disposition

Application for revocation of grant allowed; grant and certificate of confirmation of grant revoked.

Orders

  • The impugned grant and certificate of confirmation of grant are revoked forthwith.
  • A fresh grant to issue to the two applicants/objectors together with the requisite certificate of confirmation of grant.