FELISTUS O. M. INDIATSI & ANOTHER V JACOB MAHAGWA [2012] KEHC 1291 (KLR)
- Court
- High Court of Kenya
- Case number
- 1291
- Citation
- [2012] KEHC 1291 (KLR)
- Decided
- 26 July 2012
The application for revocation/annulment of the grant lacks merit and is dismissed.
Facts
The deceased Joshua Indiatsi Mahagwa had an estate consisting of several properties. The 1st petitioner, Felistus O. M. Indiatsi, and the 2nd petitioner, Mellon Kavole Mahagwa, filed a succession cause seeking to administer the estate. The objector, Jacob Mahagwa, filed an application seeking revocation or annulment of the grant due to various grounds.
Issues
- Whether the proceedings leading to the grant were defective
- Whether the beneficiaries did not give their consent before the succession cause was filed
- Whether the administrator has failed to distribute the estate to other beneficiaries
- Whether the objector's mental status is in doubt
Reasoning
The court found that the petitioners were capable of administering the estate and that the objector's mental capacity was not limited. The estate was not sold, and the other beneficiaries were agreeable to the petitioners' administration. The court dismissed the application.
Outcome
Application dismissed
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