Ndatho & 7 others v Nkabu & another (Civil Appeal 301 of 2019) [2025] KECA 944 (KLR) (9 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 944
- Citation
- [2025] KECA 944 (KLR)
- Decided
- 9 May 2025
We find that Marete's conduct justifies revocation under section 100 of the Administration of Estates Act. The appellants acted fraudulently or aided the fraudulent conduct, and the court finds no fault in the High Court's conclusion. The judgment and decree of the High Court is upheld.
Facts
The estate of M'Mbwiria M'Mairanyi left land parcel No. Abogeta/L-Kiungoni/334 to his sons, Marete Mairanyi, Benson Muriungi, and daughter-in-law, Flora Gacheri Elias. Marete received a grant of letters of administration on 28th April 1999, which was confirmed on 11th November 1999. Marete subdivided the land and sold parts to the appellants, prompting the respondents to apply for revocation of the grant and cancellation of the subdivisions.
Issues
- Revocation of Marete's grant of letters of administration
- Cancellation of subdivisions and resultant titles
Reasoning
The court found that Marete's actions, including ignoring the confirmed grant for over 20 years and disposing of the estate contrary to court orders, justified revocation under section 100 of the Administration of Estates Act. The appellants' role in perpetuating the illegality justified the High Court's order that they bear the costs alongside Marete.
Outcome
Appeal dismissed, judgment of the High Court upheld
Orders
- Judgment and decree of the High Court dated 16th May 2019 is upheld
- The costs of this appeal shall be borne jointly and severally by the appellants
Remedies
- Revocation of Marete's grant of letters of administration
- Cancellation of subdivisions and resultant titles
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