Chepkerich v Murei & another (Succession Cause 200 of 2012) [2022] KEHC 3115 (KLR) (27 June 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3115
- Citation
- [2022] KEHC 3115 (KLR)
- Decided
- 27 June 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccession CausePosturePetitioner seeks revocation of grant and declaration of nullityCoramEKO OGOLA
Holding
The grant of probate is revoked and the grant of letters of administration is confirmed to the Objectors and Petitioner
Facts
The deceased died in 2005, and a grant of probate with a will annexed was issued to the Petitioner in 2012. The Petitioner did not include the Objectors or her brother in the petition for the grant.
Issues
- Procedure used to obtain the grant was defective
- Grant was obtained fraudulently
Reasoning
The procedure to obtain the grant was defective as the Petitioner did not seek consent from all beneficiaries and the Objectors were not notified. The grant was obtained fraudulently by the making of a false statement.
Outcome
Grant of probate revoked, grant of letters of administration confirmed
Orders
- Grant of probate revoked
- Grant of letters of administration confirmed to Objectors and Petitioner
Remedies
- Revocation of grant of probate
- Confirmation of grant of letters of administration
Authorities cited
Legislation (1)
- Law of Succession Act, Cap 160, Laws of Kenya
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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