In re Estate of Tezra M’njau M’rwanda alias Ezra Njau Ruanda (Deceased) (Succession Cause 9 of 2017) [2023] KEHC 21094 (KLR) (31 July 2023) (Ruling)

Summary at a glance

Facts

The deceased had three wives and distributed his properties among the three households before his death. The administratrixes only identified one property and distributed it among the daughters of the deceased's third wife.

Issues

• Whether the grant was obtained fraudulently by concealment of material facts
• Whether the 1st respondent had locus standi to file the application for amendment of grant

Reasoning

The court found that the 1st respondent had not obtained letters of administration and did not serve the beneficiaries from the second household, violating their right to be heard. The grant was obtained through misrepresentation and concealment of material facts.

Outcome

The grant was revoked.

Orders

• The grant was revoked

Remedies

• The grant was rectified contrary to the provisions of Section 76 of the Law of Succession Act

Authorities cited