Miriamu Njoka Njeru v Johnstone Njeru Muringih [2015] KEHC 435 (KLR)
- Court
- High Court of Kenya
- Case number
- 435
- Citation
- [2015] KEHC 435 (KLR)
- Decided
- 4 November 2015
The respondent did not follow the procedure in obtaining the grant from this court. He failed to obtain the consent from his father and siblings by the obtainment process. He also left out the applicant in the distribution of the estate.
Facts
The respondent, who was the administrator of the estate of the late M'Kiende Kariro, obtained a grant from the High Court in succession cause No. 24 of 1994. The applicant claims the grant was obtained fraudulently and by concealing material facts from the court. The applicant was left out as a beneficiary and was not given any share of the estate.
Issues
- Whether the respondent fraudulently obtained the grant
- Whether the respondent concealed material facts from the court
- Whether the respondent left out the applicant in the distribution of the estate
Reasoning
The court found that the respondent did not follow the procedure in obtaining the grant from the court. He failed to obtain the consent from his father and siblings as required. He also left out the applicant in the distribution of the estate.
Outcome
The grant is revoked with no order as to costs
Authorities cited
Legislation (1)
- Probate Administration Rules
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