Nyaga George v Samuel Nyaga George [2014] KEHC 2540 (KLR)
- Court
- High Court of Kenya
- Case number
- 2540
- Citation
- [2014] KEHC 2540 (KLR)
- Decided
- 3 October 2014
The Applicant is not a dependant of the deceased and is not entitled to the suit property. The grant issued to the Applicant is revoked. A new grant shall be issued to the Respondent.
Facts
The deceased, Nyaga Njonji, died in 1979. The Applicant, Nyaga George, petitioned for a grant of letters of administration intestate in 2001. The grant was issued to the Applicant on March 14, 2006. The Respondent, Samuel Nyaga George, opposed the grant and claimed the suit property was not part of the deceased's estate.
Issues
- Whether the Applicant is a dependant of the deceased and entitled to the suit property
- Who is entitled to the suit property, the Applicant or the Respondent
Reasoning
The court found that the suit property was not part of the deceased's estate and was purchased by the deceased. The court also determined that the Applicant was not a dependant of the deceased.
Outcome
The grant issued to the Applicant is revoked and a new grant is issued to the Respondent.
Orders
- Revocation of the grant issued to the Applicant
- Issuance of a new grant to the Respondent
Remedies
- Revocation of the grant and issuance of a new grant
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