LUCY K. IKIARA V ROSE KAMBURA M’IKIUGU & 2 OTHERS [2009] KEHC 2078 (KLR)
- Court
- High Court of Kenya
- Case number
- 2078
- Citation
- [2009] KEHC 2078 (KLR)
- Decided
- 23 July 2009
The rectified grant is set aside, and the amended grant is revoked. The plot registration is canceled, and the original registration is restored.
Facts
Lucy Ikiara initially filed a petition for Letters of Administration for her late husband's estate, listing herself as the sole beneficiary. Later, she applied to appoint a joint administrator and rectify the grant to include an additional plot. Rose Kambura M’Ikiugu and Stella Kanugu M’Ikiugu filed a summons seeking the revocation of the grant and rectification of the plot registration.
Issues
- Whether Lucy Ikiara had the authority to rectify the grant and include the additional plot.
- Whether the applicants had the locus standi to file the summons for revocation.
- Whether the rectified grant was fraudulent and prejudiced the estate of the deceased husband of the applicants.
Reasoning
The court found that Lucy Ikiara was fraudulent in her application for rectification and that the rectified grant prejudiced the estate of the deceased husband of the applicants. The court also rejected the applicants' locus standi to file the summons.
Outcome
The applicants' application succeeds.
Orders
- The order of this court of 16th October 2008, rectifying the grant is hereby set aside.
- The amended grant dated 22nd October 2008 is hereby revoked.
- The changed registration over plot No. 4'A' Kariene market reflecting the names of Lucy K. Ikiara and Dennis Koome be hereby canceled and the original registration of that plot in the names of John Muthee M'Ikiugu deceased and M'Muthuri deceased be restored.
Remedies
- Lucy Ikiara to pay the costs of the summons dated 27th February 2009 to Rose M'Ikiugu and Stella Kanugu M'Ikiugu.
Authorities cited
Legislation (2)
- The Law of Succession Act
- Probate and Administration Rules
Loading judgment…