Abuga Bichanga Misiani & David Mauti Nyameyio v Wilfred Nyambego Nyamboke [2015] KEHC 1264 (KLR)
- Court
- High Court of Kenya
- Case number
- 1264
- Citation
- [2015] KEHC 1264 (KLR)
- Decided
- 11 November 2015
The applicants have not satisfied the court that their application meets the threshold for revocation and/or annulment of the grant.
Facts
The respondent petitioned for a grant of letters of administration intestate in the estate of Orondo Misiani, deceased. The grant was confirmed, but the applicants filed an application for revocation under Section 76 of the Law of Succession Act. The applicants alleged fraud, concealment of material facts, and deliberate misrepresentation.
Issues
- Whether the grant was obtained by fraud, concealment of material facts, and deliberate misrepresentation.
- Ownership of the disputed land, South Mugirango/Nyataaro/617.
Reasoning
The court found that the applicants did not provide any document of proof to support their allegations of fraud and misrepresentation, and the actual ownership of the disputed land was not established.
Outcome
The application for revocation of the grant is dismissed with no orders as to costs.
Orders
- Interim Orders of injunction to restrain the respondent from selling, disposing off and appropriating the assets of the deceased and specifically LR. No.South Mugirango/617 pending the hearing and determination of this application are vacated.
Authorities cited
Legislation (1)
- Law of Succession Act
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