STEPHEN NJOROGE KARIUKI & others v ELIZABETH MURUGI KARIUKI & another [2007] KEHC 3345 (KLR)
- Court
- High Court of Kenya
- Case number
- 3345
- Citation
- [2007] KEHC 3345 (KLR)
The grant of letters of administration to the petitioner/applicant was revoked/annulled.
Facts
The petitioner/applicant, Stephen Njoroge Kariuki, filed a summons for restraining orders against the respondents, Elizabeth Murugi Kariuki and James Gichuhi Kariuki, to prevent them from partitioning, entering, trespassing on, and interfering with the petitioner's quiet enjoyment of a portion of land belonging to the deceased, Charles Kariuki Gacheru. The 1st respondent, Elizabeth Murugi Kariuki, subsequently filed a summons for revocation or annulment of the grant of letters of administration issued to the petitioner/applicant.
Issues
- Whether the grant of letters of administration to the petitioner/applicant was obtained fraudulently.
- Whether the grant of letters of administration should be revoked or annulled in favor of the 1st respondent, Elizabeth Murugi Kariuki, and other dependants.
Reasoning
The grant was obtained fraudulently by making a false statement and concealing information from the court.
Outcome
Appeal dismissed
Orders
- The grant of letters of administration intestate for the estate of CHARLES KARIKI GACHERU (deceased) made to STEPHEN NJOROGE KARIUKI on 28.04.06 be revoked/annulled.
- The grant of letters of administration intestate for the estate of CHARLES KARIKI GACHERU (deceased) be made to the applicant, ELIZABABE MURUGI KARIUKI and other dependants as the court may deem fit.
Remedies
- Revocation of the grant of letters of administration to the petitioner/applicant.
- Grant of letters of administration to the 1st respondent, Elizabeth Murugi Kariuki, and other dependants.
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