Getrude Nasiroli Sikuku v Wawire Maunde Wanjala [2014] KEHC 3778 (KLR)
- Court
- High Court of Kenya
- Case number
- 3778
- Citation
- [2014] KEHC 3778 (KLR)
The application for revocation of grant is dismissed as the objector has not satisfied any of the statutory requirements for revocation of grant.
Facts
The deceased left an estate consisting of land identified as LR No. Bunyala/Namirama/825. The deceased had three sons: Wawire Maunde Wanjala, Wangira Maunde Hamisi, and Benjamin Shikuku Maunde. Benjamin died in 1999, leaving Getrude Nasiroli Sikuku as his widow. The petitioner, Getrude Nasiroli Sikuku, obtained a grant of letters of administration and sub-divided the land into parcels No. 1874 and 1875, issuing title deeds to herself and Wawire Maunde Wanjala. Wangira Maunde Hamisi, the other surviving son, was not informed of the proceedings and did not consent.
Issues
- Revocation of grant of letters of administration
- Fraud and forgery allegations
- Sub-divisions and title deeds
Reasoning
The court confirmed the grant on October 21, 2004, based on the consent of the three heirs present in court. The petitioner's sub-divisions and issuance of title deeds were not fraudulent, and the objector did not obtain consent from Wangira Maunde Hamisi.
Outcome
Application dismissed
Orders
- Grant of letters of administration revoked and annulled
- Sub-divisions and title deeds cancelled
- Petitioner and her agents restrained from dealing with the estate
Remedies
- Costs to be borne by the parties
Authorities cited
Legislation (1)
- Law of Succession Act (Cap 160)
Loading judgment…