LUCY NYAWIRA CHEGE v JOHNSON CHEGE MACHARIA [2012] KEHC 2444 (KLR)
- Court
- High Court of Kenya
- Case number
- 2444
- Citation
- [2012] KEHC 2444 (KLR)
- Decided
- 17 August 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureRevocation of Grant of Letters of Administration IntestateCoramJ. K. SERGON
Holding
The order confirming the grant was issued in error and should be set aside. The application for confirmation of grant is restored.
Facts
A Grant of Letters of Administration Intestate in respect of the estate of Chege Macharia, deceased was issued to Johnson Chege Macharia on 14th July 2010 and confirmed on 20th May 2011. Lucy Nyawira Chege filed a Summons for Revocation of Grant on 23rd May 2011.
Issues
- Failure to disclose Affidavit of Protest
- Error in issuing the grant
Reasoning
The court is convinced that the order confirming the grant was issued in error due to the Applicant's Affidavit of Protest filed on 1st March 2011, which was not disclosed to the court.
Outcome
The grant of Letters of Administration Intestate was set aside and the application for confirmation of grant is restored.
Orders
- Parties to set down the Summons for Confirmation of Grant together with the Protest for hearing after directions have been taken.
- Costs of the Summons for Revocation of Grant to abide the outcome of the summons for Confirmation of Grant.
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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