SAULO ODINGA OCHIDO V JOSEPH ASWANI OCHIDO [2012] KEHC 64 (KLR)
- Court
- High Court of Kenya
- Case number
- 64
- Citation
- [2012] KEHC 64 (KLR)
- Decided
- 11 October 2012
The application is granted, and the grant of letters of administration to the petitioner is revoked. The deceased's estate, including plot number 1605, is to be distributed equally among the surviving children.
Facts
The deceased, Kandiri Ochieng, had two sons, Stephen Ochido Kandira and Sylvanus Ochieng Kandira, who were alive when the petitioner, Saulo Odinga Ochido, filed for letters of administration. The petitioner claimed the deceased's estate, including plot number 1605, but the objector, Joseph Aswani Ochido, contested the claim.
Issues
- Who is the rightful heir to the deceased's estate, particularly plot number 1605?
- Was the petitioner's application for letters of administration fraudulent?
Reasoning
The deceased had two sons who were alive when the petitioner applied for letters of administration. The petitioner was a grandson and not a dependant of the deceased. The grant was obtained fraudulently, and the petitioner's application was not in good faith.
Outcome
The petitioner's application for letters of administration is granted, and the grant is revoked. The deceased's estate is to be distributed equally among the surviving children.
Orders
- The certificate of confirmation of grant issued to the petitioner is revoked.
- The registration of the petitioner as the proprietor of plot number 1605 is cancelled.
- A fresh grant confirmed grant to be issued to the objector.
- The deceased's estate comprising of plot number 1605 to be distributed as follows: 0.75 acres to each of the four surviving children.
Remedies
- The petitioner is ordered to meet the objector's costs of the application.
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