John Njogo Ndeithi v Naomi Wanja Ndiithi [2014] KEHC 2558 (KLR)
- Court
- High Court of Kenya
- Case number
- 2558
- Citation
- [2014] KEHC 2558 (KLR)
- Decided
- 3 October 2014
The Applicant is a child of the deceased and is entitled to be considered a dependant. The grant issued to the Respondent is annulled.
Facts
The deceased, Ndeithi Nyaga Wanugu, died in 1995. Naomi Wanja Ndiithi petitioned for letters of administration in 1998, listing herself and her daughters as dependants. The grant was issued to Ndiithi, but it was later discovered that Esther Njeri Mbugua was a purchaser. John Njogo Ndeithi, the Applicant, claimed the grant was obtained by false allegations and concealed material facts.
Issues
- Whether the Applicant is a child of the deceased and entitled to be considered a dependant
- Whether the Respondent concealed material facts from the court
Reasoning
The Applicant testified that he was married to his mother Michere before marrying the Respondent. The evidence corroborated his testimony, and the Respondent did not provide any evidence to rebut it.
Outcome
The grant is annulled and a new grant is issued.
Orders
- John Njogo Ndeithi inherits 1.5 acres of the suit property
- The rest of the property is inherited by Naomi Wanja Ndiithi
Remedies
- Annulment of the grant
- New grant issued
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
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