Joseph Sang & 2 others v Jepchirchir Tuiya & another [2015] KEHC 3093 (KLR)
- Court
- High Court of Kenya
- Case number
- 3093
- Citation
- [2015] KEHC 3093 (KLR)
- Decided
- 9 July 2015
The grant of letters of administration dated 20th September, 2001, together with the subsequent certificate of confirmation dated 23rd June, 2005, are hereby revoked and/or annulled.
Facts
The deceased, Kipsanga Arap Tuiya, passed away in 1995. Letters of administration were issued to Joseph Sang, Paul Samoei, and Phillip Too in 2001. The objector, Jepchirchir Tuiya, filed objections and applications for revocation of the grant.
Issues
- Revocation of the grant of letters of administration and subsequent certificate of confirmation
- Validity of the Will allegedly made by the deceased
Reasoning
The application for grant of letters of administration was made by the petitioners, who were appointed executors in the deceased's Will. The process was erroneous and defective, leading to the annulment of the grant.
Outcome
The grant of letters of administration and subsequent certificate of confirmation are annulled.
Orders
- Revocation of the grant of letters of administration and subsequent certificate of confirmation
Remedies
- Revocation of the grant of letters of administration and subsequent certificate of confirmation
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate & Administration Rules
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