Lucia Wangechi v Francis Mburu Njii [2014] KEHC 2237 (KLR)

Facts

The applicant filed a summons for revocation of a grant of letters of administration intestate made to the respondent, Francis Mburu Njii, in respect of the estate of Njii Ndoro. The grant was made on 29th June, 2011 and confirmed on 3rd October, 2012. The estate was distributed among the deceased's survivors, with the applicant not being aware of the proceedings.

Issues

1. The grant was made and distributed without the applicant's knowledge or consent.
2. The grant was obtained fraudulently or by concealment of material facts.

Reasoning

The court found that the grant was confirmed in breach of section 71(2) of the Law of Succession Act, as the court was not satisfied as to the identities of the beneficiaries and their respective shares. The applicant was not aware of the confirmation proceedings and none of the beneficiaries were present in court.

Outcome

Revocation of the grant

Authorities cited