In re Estate of the Late Priscillah Kidai Mwamidi (Deceased) (Succession Cause 477 of 2011) [2022] KEHC 10802 (KLR) (22 April 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10802
- Citation
- [2022] KEHC 10802 (KLR)
- Decided
- 22 April 2022
Summary at a glance
TypeSuccessionPostureApplication for revocation of grant of representationCoramJN ONYIEGO
The court cannot make a determination on the issue of survivorship as it is disputed. The applicants are not biological children of the deceased but claim to be heirs to the deceased applicant's estate.
Facts
The deceased Priscillah Kidai Mwamidi died intestate. The applicants, Charles Ndurya Chimoni and his children Ronald Wangani Ndurya and Gideon Chimoni Ndurya, sought to revoke the grant of representation issued to Chrispus Mwakamba Nyambu and Brayson Mwamidi Kidai.
Issues
- Whether the deceased applicant was married to the late Priscillah Kidai Mwamidi
- Whether the applicants who were step children to Priscillah the deceased could sustain the revocation application
- Whether the deceased applicant was a trespasser and or a tenant on the suit property
- Whether sections 36, 29, 41 and 42 of the law of succession apply on the present case
- What is the interest of the applicants in this case
Reasoning
The court considers the applicants' claim as heirs to the deceased applicant's estate and thus entitled to a share in the estate. The court refrains from delving into the applicability of specific succession sections until the applicants are given a hearing.
Outcome
The application for revocation is dismissed.
Orders
- Application for revocation dismissed
Authorities cited
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