L W K v N M & another [2017] KEHC 1124 (KLR)
- Court
- High Court of Kenya
- Case number
- 1124
- Citation
- [2017] KEHC 1124 (KLR)
- Decided
- 29 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRevocation of Grant of RepresentationPostureApplication for revocation of grant of representationCoramF. MUCHEMI
Holding
The grant is revoked and a fresh grant is issued in the names of the respondents.
Facts
The applicant is a daughter of the deceased who had four children. She claims she was not informed of the succession cause and was not involved in its distribution. The grant was obtained fraudulently by the respondents.
Issues
- Whether the proceedings to obtain the grant were defective in substance.
- Whether the grant was obtained fraudulently by making a false statement or by concealment of material facts.
Reasoning
The court found that the grant was obtained fraudulently by making a false statement and concealing material information from the court.
Outcome
Grant revoked and a fresh grant issued
Orders
- Revocation of the grant confirmed on 19/09/2013 in Runyenjes Succession Cause No. 196 of 2012
- Fresh grant issued in the names of NM, TIN, and LWN
- Titles issued in pursuance to the revoked grant are cancelled
- Application for confirmation of grant within 30 days
- Each party to meet their own costs
Remedies
- Revocation of the grant
- Fresh grant issued
Authorities cited
Legislation (2)
- Succession Act
- Section 76 of the Succession Act
Cases cited (1)
- JOSEPH MUHORO NYAGA & 4 OTHERS VS PETERSON GITHU GATHINGU [2016] eKLR
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.
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