SAMSON KIBOI KISEMBE & ANOTHER V WYCLIFFE MULUNDA KHAOYA & 2 OTHERS [2012] KEHC 3166 (KLR)
- Court
- High Court of Kenya
- Case number
- 3166
- Citation
- [2012] KEHC 3166 (KLR)
- Decided
- 12 July 2012
The application for revocation or annulment of the grant is allowed with costs.
Facts
The Respondents were granted letters of administration in the estate of the deceased Joseph Wafula Khaoya on 21/1/2010. The estate was indicated to include land parcel E. Bukusu/N.Sang’alo/968. However, it was later sworn that this land had been subdivided into E. Bukusu/N. Sang’alo/4368 in the name of Khaoya E.R.S.F Primary School and E. Bukusu/N. Sang’alo/4367 in the deceased’s name. Title for E. Bukusu/N. Sang’alo/968 was closed.
Issues
- Whether the grant of letters of administration should be revoked or annulled due to the misrepresentation of the estate's contents
- Whether the Respondents could inherit a non-existent parcel or a parcel that did not belong to the deceased
Reasoning
The court was misled into thinking that the title for E. Bukusu/N. Sang’alo/968 existed and that the suit land belonged to the deceased. The Respondent could not petition the court to inherit a non-existent parcel or a parcel that did not belong to the deceased.
Outcome
Allowed with costs
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