Jerusa Auma Ogola v Beldina Apondi Onyango & 3 others [2017] KEHC 2848 (KLR)
- Court
- High Court of Kenya
- Case number
- 2848
- Citation
- [2017] KEHC 2848 (KLR)
- Decided
- 18 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeProbate and AdministrationPostureApplication for revocation of grant of representationCoramKIARIE WAWERU KIARIE
Holding
The grant is hereby revoked and all beneficiaries should be included in the subsequent proceedings.
Facts
The objectors filed an application for revocation of a grant issued on 10th October 2011 and confirmed on 7th November 2013. The grant was obtained fraudulently and by means of untrue allegations of essential facts. The petitioner acknowledged that part of the estate was left out of distribution.
Issues
- Whether the grant was obtained fraudulently
- Whether the grant was obtained by means of untrue allegations of essential facts
- Whether the petitioner omitted heirs in her application
Reasoning
The court found the application merited and the grant was obtained fraudulently and by means of untrue allegations of essential facts. The court also noted that the petitioner omitted a number of heirs but acknowledged in her replying affidavit to the objection.
Outcome
Application allowed with costs
Orders
- Revocation of the grant
Remedies
- Inclusion of omitted beneficiaries in subsequent proceedings
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
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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