Philomena Wanjiku Kinoro & another v Bernard Gakuru Itwika [2018] KEHC 9473 (KLR)

Facts

The deceased Francis Ituika Wanyugi died intestate. His estate was administered by a grant of letters of administration issued to Mary Wahu Ituika and Bernard Gakuru Itwika. The applicants, his daughters, sought to revoke the grant on grounds of fraud and defective proceedings.

Issues

1. Whether the proceedings to obtain the grant were defective in substance
2. Whether the grant was obtained fraudulently by making of false statements and concealment of material facts
3. Whether the grant was obtained by fraudulent means of untrue allegations
4. Whether the applicants were aware of the proposed mode of distribution of the estate

Reasoning

The court found no evidence of fraud or defective proceedings. The applicants were aware of the proposed distribution and had the opportunity to object. They signed the consent to confirmation of the grant.

Outcome

Application dismissed