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In re Estate of Jeremiah Maina Makimi (Deceased) [2020] KEHC 8194 (KLR)

[2020] KEHC 8194 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
8194
Citation
[2020] KEHC 8194 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeSuccessionPostureRevocation of GrantCoramL. W. GITARI
The grant of Letters of Administration is revoked, and the applicant is appointed as a Co-Administrator of the estate of the deceased.

Facts

Jeremiah Maina Makimi died intestate on 17.5.2009. A grant of temporary Letters of Administration was issued to LOISE NYOKABI KABUTU and JUDITH WAMBI KABUTU. They filed a Summons for Confirmation of grant and listed beneficiaries. The grant was confirmed and a certificate of confirmation was issued.

Issues

  • Revocation of grant due to fraud or concealment of material facts
  • Dependence of the applicant on the deceased

Reasoning

The court found that the grant was obtained fraudulently by concealing material facts and that the applicant was a dependant of the deceased.

Outcome

Revocation of grant

Orders

  • Grant of Letters of Administration revoked
  • Applicant appointed as Co-Administrator
  • 2nd Petitioner removed from cause
  • Affidavit of protest to be filed within 45 days

Remedies

  • Revocation of grant
  • Appointment of Co-Administrator

Authorities cited

Legislation (1)
  • Law of Succession Act Cap.160
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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