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In re Estate of Peter Onyango Kwoba(Deceased) [2020] KEHC 7515 (KLR)

[2020] KEHC 7515 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7515
Citation
[2020] KEHC 7515 (KLR)
Decided
12 March 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeProbate and AdministrationPostureAppeal from a grant of probateCoramKIARIE WAWERU KIARIE
Holding

The grant of probate to the first respondent is revoked, and both applicants are appointed joint administrators of the estate.

Facts

The deceased died without a spouse or children, leaving his estate to his only listed beneficiary, Victorina Osuwo Wabwire. The first respondent, who was illiterate, had thumb printed her documents.

Issues

  1. Revocation of grant of probate
  2. Appointment of joint administrators

Reasoning

The deceased had no surviving family, and the first respondent, who was illiterate, was not entitled to inherit. The second respondent was neither a relative nor owed anything by the estate.

Outcome

Appeal successful

Orders

  • Revocation of grant of probate to the first respondent
  • Appointment of joint administrators to the estate

Remedies

  • Costs to be borne by the respondent

Authorities cited

Legislation (1)
  • Law of Succession Act, Section 39(1)
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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