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The High Court annulled a confirmed grant after finding the rice holding was government land under licence, not part of the deceased’s free property.
In re Estate of Wambululu (Deceased) (Succession Cause 448 of 2009) [2026] KEHC 7365 (KLR) (21 May 2026) (Ruling)
The application failed because the alleged new evidence could have been obtained earlier with due diligence, the motion was filed after inordinate and unexplained delay, the request to revoke the grant was res judicata as that issue had already been determined in the 2020 judgment, no special circumstances justified departure from res judicata, and the application was incompetent because it sought adverse orders against a deceased respondent.
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