Antony Ian Ouma v Joyce Penina Adhiambo & another [2016] KEHC 2533 (KLR)
- Court
- High Court of Kenya
- Case number
- 2533
- Citation
- [2016] KEHC 2533 (KLR)
- Decided
- 24 October 2016
The court revokes the grant of letters of administration to Joyce Penina and orders that Anthony Ian Ouma be given a portion of the properties.
Facts
The deceased left an estate with two properties, Plot 3298 and Plot 3332. Joyce Penina and Francis Ndalo were granted these properties through letters of administration. Anthony Ian Ouma claimed he was a beneficiary but was not disclosed.
Issues
- Whether Anthony Ian Ouma's claim to the estate was not disclosed by the petitioner.
- What remedy should the court give to Anthony Ian Ouma given the material non-disclosure
Reasoning
The court found that both Joyce Penina and Francis Ndalo failed to disclose Anthony Ian Ouma's interest in the estate, constituting material non-disclosure. The court ordered that Anthony Ian Ouma be given a portion of the properties.
Outcome
The grant of letters of administration to Joyce Penina and Francis Ndalo is revoked, and Anthony Ian Ouma is given a portion of the properties.
Orders
- Joyce Penina Adhiambo shall transfer 1/4 share of Plot KISUMU/ MANYATTA/3298 to Anthony Ian Ouma alias Anthony Ian Omondi.
- Francis Ouma Ndalo shall transfer 1/4 share of Plot KISUMU/KASULE/3297 to Anthony Ian Ouma alias Anthony Ian Omondi.
Remedies
- Ordering the transfer of a portion of the properties to Anthony Ian Ouma
Authorities cited
Legislation (2)
- Law of Succession Act
- Children Act No. 8 of 2001
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