In re Estate of Shadrack Kaburu (Deceased) (Succession Cause E116 of 2022) [2023] KEMC 297 (KLR) (17 November 2023) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 297
- Citation
- [2023] KEMC 297 (KLR)
- Decided
- 17 November 2023
The Court finds that the Respondent concealed material facts from the court and misrepresented the truth, thus revoking the grant of Letters of Administration.
Facts
The Respondent, a widow, petitioned for Letters of Administration and Certificate of Confirmation of Grant without mentioning the Applicant, a biological daughter of the deceased. The Respondent failed to inform the court about the existence of the Applicant.
Issues
- Whether the Respondent concealed and misrepresented material facts from the court when petitioning for Letters of Administration
- Whether the Applicant is entitled to share the assets of the Estate
Reasoning
The Court distinguished the case of In Re Estate of Prisca Ong’ayo Nande (Deceased) (2020) eKLR (W.Musyoka J.) and applied the principles from Estate of Katana Vuko Wale v Hamisi Katana Vuko [2021] eKLR (Nyakundi J.) and Matheka and Another V Matheka (2005) EA 251.
Outcome
The grant of Letters of Administration and Certificate of Confirmation of Grant are revoked.
Orders
- An inhibition be placed over L.R. Nkuene/kathera/1678, L.R. Nkuene/kathera/1679 and L.R. Kiamuri “A”/1764 or on subsequent titles as may have been subdivided therefrom.
- An injunction be placed restraining the Respondent from interfering in any manner whatsoever with the Pension and Benefits for the Deceased in Account number APN/PC/349393 and TSC No. 194673.
- The Grant of Letters of Administration Intestate to Lilian Kabaka Kaburu be declared a nullity.
- Any registrations of L.R. Nkuene/kathera/1678, L.R. Nkuene/kathera/1679 and L.R. Kiamuri “A”/1764 be cancelled and revert to the name of the deceased.
Remedies
- Revocation of Letters of Administration and Certificate of Confirmation of Grant
- Inhibition and injunction
- Cancellation of registrations
Authorities cited
Legislation (2)
- Law of Succession Act (cap 160)
- Probate and Administration Rules
Cases cited (3)
- In Re Estate of Prisca Ong’ayo Nande (Deceased) (2020) eKLR (W.Musyoka J.)
- Estate of Katana Vuko Wale v Hamisi Katana Vuko [2021] eKLR (Nyakundi J.)
- Matheka and Another V Matheka (2005) EA 251
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