Mary Ruguru Njoroge v Peter Muriithi Gichuru [2016] KEHC 1727 (KLR)
- Court
- High Court of Kenya
- Case number
- 1727
- Citation
- [2016] KEHC 1727 (KLR)
- Decided
- 31 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for revocation of Grant of Letters of AdministrationCoramM.W.Muigai
Holding
The Confirmed Grant dated 27th May 2013 is hereby revoked and the deceased's Estate shall be distributed in equal shares to the Applicant and the Respondent.
Facts
The deceased, Evanson Gichuru Mureithi, died on 16th February, 2002. Mary Ruguru Njoroge and Peter Muriithi Gichuru were appointed as Administrators of the deceased's Estate on 14th May, 2009. The Grant was confirmed on 27th May, 2013, and the properties were distributed accordingly.
Issues
- Whether the Applicant has made out a case to warrant the revocation of the Confirmed Grant
- Whether the distribution of the Estate was fair and just
Reasoning
The Court found that the Grant was confirmed fraudulently and without the benefit of full facts, and that the Applicant did not consent to the distribution of the Estate.
Outcome
The Confirmed Grant is revoked and the Estate is distributed in equal shares.
Orders
- The Confirmed Grant dated 27th May 2013 is hereby revoked
- The deceased's Estate shall be distributed in equal shares to Mary Ruguru Njoroge and Peter Muriithi Gichuru
Remedies
- The Applicant is granted the equal distribution of the Estate
Authorities cited
Legislation (1)
- Law of Succession Act
Cases cited (3)
- JAMLECK MAINA NJOROGE VS MARY WANJIRU MWANGI
- A.S AND 2 OTHERS VS S.A.M
- Mombasa SUCCESSION CAUSE NO. 367 OF 2006
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…