In re Estate of Sapencia Omwalwe alias Sapencia Ibasha Omwakwe (Deceased) (Succession Cause 3070 of 2002) [2024] KEHC 14077 (KLR) (Family) (14 November 2024) (Ruling)

Summary at a glance

Facts

The deceased's estate was granted to Susan Joyce Omwakwe and Winnie Ada Omwakwe on July 23, 2003. Everlyne Katambani Mulama, the applicant, claims she is a beneficiary by virtue of being the deceased's daughter and was not included in the grant. She filed an application seeking to have the grant revoked and to apply for fresh letters of administration.

Issues

• Whether the grant of letters of administration was illegally obtained.
• Whether the applicant ranks in priority or pari pasu to the 1st and 3rd respondents as to rights to apply for the grant.
• Whether the applicant has a right to inherit from the estate of the deceased, and if so, under what circumstances can this right be waived.
• Whether the application for revocation is meritorious.
• Whether the grant of letters of administration was obtained fraudulently by concealment.

Reasoning

The court found that the grant of letters of administration was not obtained illegally and that the applicant does not rank in priority or pari pasu to the 1st and 3rd respondents. The applicant has a right to inherit from the estate of the deceased, and the right can be waived. The application for revocation is not meritorious.

Outcome

The application for revocation of letters of administration is dismissed.

Orders

• The grant of letters of administration issued to the said Susan Joyce Omwakwe and Winnie Ada Omwakwe in this matter on 23rd July, 2003 and conrmed to be revoked and or annulled is denied.
• The Applicant herein with others are not granted liberty to apply for fresh letters of administration.