Matei Julius Mulili Ndeti & Nzioki Mulili Ndeti (Administrators of the Estate of Harrison Mulili Ndeti) & 4 others v Ndeti & another (Civil Appeal 64 of 2019) [2022] KECA 150 (KLR) (18 February 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 150
- Citation
- [2022] KECA 150 (KLR)
- Decided
- 18 February 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court of Kenya at NairobiCoramAchode, Mohammed, Muigai, Musyoka, Mwita
Holding
The court held that the grant of representation was not revoked as there was no evidence of wrongdoing or fraud.
Facts
Prof. Kivuto Ndeti died intestate on 31st March, 2012. Cecilia Situmai Ndeti and Michael Kyende Ndeti filed a petition seeking representation as widow and son of the deceased, respectively.
Issues
- Whether the assets distributed as the estate of the deceased belonged to the deceased and were available for distribution to his dependants.
- Whether the learned Judge erred in declining to revoke the grant issued to the respondents.
Reasoning
The court considered the provisions of Section 76 of the Law of Succession Act and the principles laid down in Matheka & Another vs. Matheka. The court found that the respondents did not conceal anything material to the case and that the grant was not obtained fraudulently.
Outcome
Affirmed
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
Cases cited (4)
- Abok James Odera t/a J. Odera & Associates vs. John Patrick Machira t/a Machira & Co. Advocates [2013] eKLR
- Matheka & Another vs. Matheka [2005] 2KLR 455
- Albert Imbuga Kisigwa vs. Recho Kavai Kisigwa, Succession Cause No. 158 of 2000
- Re Estate of Wahome Mwenje Ngonoro (2016) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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