[2014] KEHC 4982 (KLR)

[2014] KEHC 4982 (KLR)

The court held that the applicant, as a brother of the deceased, was not entitled to a share in the estate because the deceased was survived by children. The applicable law, Section 38 of the Law of Succession Act, mandates equal distribution among the children in such circumstances. The applicant's claim under Section 39 was misplaced, as that provision only applies where there are no surviving spouse or children. The court found no evidence of fraud or procedural defect in the grant or its confirmation, nor any legal requirement to consult the applicant. The matter had previously been ruled upon, confirming that only the children were entitled to inherit. The application for revocation...

Citation
[2014] KEHC 4982 (KLR)
Parties
Applicant: V A M; Respondent: H A O; Respondent: L A O; Respondent: F I M
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
23 May 2014
Case Number
Succession Cause 130 of 1999
Procedural Posture
Succession Cause / Ruling on Application for Revocation of Grant
Outcome
application dismissed with costs to the administrators
Judges
DN Musyoka
Legal Topics
Intestate Succession, Distribution of Estate, Revocation of Grant
Source Language
English
Family and Children Intestate Succession Distribution of Estate Revocation of Grant

Case Brief

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Parties

V A M

Applicant

H A O

Respondent

L A O

Respondent

F I M

Respondent

Procedural Posture

Succession Cause / Ruling on Application for Revocation of Grant

Legal Issues

  1. 1 Whether the applicant, as a brother of the deceased, was entitled to a share of the estate where the deceased was survived by children.
  2. 2 Whether the grant of letters of administration should be revoked on grounds of fraud or lack of consultation with the applicant.
  3. 3 Whether the confirmation of grant and distribution of the estate complied with the Law of Succession Act.

Ratio Decidendi

The court held that the applicant, as a brother of the deceased, was not entitled to a share in the estate because the deceased was survived by children. The applicable law, Section 38 of the Law of Succession Act, mandates equal distribution among the children in such circumstances. The applicant's claim under Section 39 was misplaced, as that provision only applies where there are no surviving spouse or children. The court found no evidence of fraud or procedural defect in the grant or its confirmation, nor any legal requirement to consult the applicant. The matter had previously been ruled upon, confirming that only the children were entitled to inherit. The application for revocation...

Court Disposition

application dismissed with costs to the administrators

Orders

  • The application dated 11th February 2013 is dismissed with costs to the administrators.