In re Estate of the Late Kinyua Kabuki (Deceased) [2019] KEHC 6990 (KLR)
- Court
- High Court of Kenya
- Case number
- 6990
- Citation
- [2019] KEHC 6990 (KLR)
- Decided
- 9 May 2019
The court revokes the Grant and Confirmation of the Grant due to concealment of material facts by the respondent.
Facts
The deceased, Kinyua Kabuki, died in 1974, leaving behind one daughter, Zaweria Wangari Mathenge. The estate includes a single parcel of land known as Title No. Chinga/Kagongo/43. Zaweria was granted Letters of Administration and a Grant of Letters of Administration on March 4, 2013, and confirmed on January 16, 2014. Hilary Kinyua Kiige filed an application seeking the revocation of the Grant on August 6, 2014.
Issues
- Whether to revoke the Certificate of Confirmation of the Grant
- Distribution of the estate of the deceased
Reasoning
The respondent, Zaweria, concealed material facts related to the deceased's estate, including other succession causes and the existence of other persons with beneficial interest in the estate. The court finds that the respondent's concealment was deliberate and intended to benefit solely from the estate.
Outcome
The Grant and Confirmation of the Grant are revoked.
Orders
- Revocation of the Grant and Confirmation of the Grant
Remedies
- Revocation of the Grant and Confirmation of the Grant
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
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