Serah Njeri Muthoni v Florence Muthoni Njoroge & another [2017] KEHC 1018 (KLR)
- Court
- High Court of Kenya
- Case number
- 1018
- Citation
- [2017] KEHC 1018 (KLR)
- Decided
- 10 November 2017
The Respondents' application is dismissed as the Applicant has not established a clear and confirmed beneficial or proprietary interest in the suit property.
Facts
The deceased passed away on 22nd June, 2012. The Respondents filed a petition for grant of letters of administration, which was granted on 28th January, 2013. The Applicant filed a protest against the grant, claiming it was obtained fraudulently.
Issues
- Fraudulent acquisition of letters of administration
- Disinheritance of rightful beneficiaries
Reasoning
The Court confirms that the estate of the deceased comprises of Dagorretti/Riruta/340. The Applicant filed a protest after the grant was confirmed, but the Court ruled that the suit property is subject to dispute and contested interests. The Applicant must first establish their interest before the Court may confirm such interests.
Outcome
Application dismissed
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