David Kanyanjua Kamau & 5 others v Nicholas Mungai & another [2016] KEHC 8178 (KLR)
- Court
- High Court of Kenya
- Case number
- 8178
- Citation
- [2016] KEHC 8178 (KLR)
- Decided
- 12 October 2016
The consent recorded on 12/3/12, the revocation of the grant of probate, and the appointment of the respondents as administrators of the estate were done without full disclosure of material facts and without the consent of all parties. The entire consent is set aside, and the grant of letters of administration intestate is revoked. The grant of probate is reinstated.
Facts
The deceased, Benedicto Mungai, left a Will appointing his son Paul Kariuki Mungai and advocate Mary Wambui Ngui as executors. The executors petitioned for probate, which was granted. Objections were filed by beneficiaries, and a consent was recorded revoking the probate and granting letters of administration to Nicholas Mungai and Pauline Wanjiru Ngugi.
Issues
- Revocation of grant of letters of administration intestate
- Setting aside consent order
Reasoning
The court found that the consent was defective due to lack of full disclosure and consent from all parties. The grant of probate was technically valid and should be reinstated.
Outcome
The grant of probate is reinstated, and the grant of letters of administration intestate is revoked.
Orders
- The grant of probate is reinstated.
- The grant of letters of administration intestate is revoked.
Remedies
- The respondents pay the costs of the application.
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