Automated Summary
Key Facts
The case involves the estate of Nabie Wamamili, who died in 1970. A grant of administration was initially issued in 1998 to Moses Wekesa and Fridah Nakhayo Wamela, but both administrators are now deceased. The current Petitioner (Stephen Masika Shiundu) and Objector (Eliud Wamela) are substitutes representing their respective estates. The Objector claims the original grant was fraudulent due to the omission of Fridah Nakhayo's name and improper land distribution. The court ruled the 1998 grant is useless and inoperative as the administrators died before completing estate distribution, ordering revocation and a fresh application for administration de bonis non.
Deceased Name
Nabie Wamamili
Issues
- The primary legal issue was whether the grant of letters of administration intestate, issued to the late Moses Wekesa and Fridah Nakhayo Wamela, became inoperative following their deaths. The court determined that the grant could no longer function as both administrators were deceased, rendering it useless under section 76(e) of the Law of Succession Act. This led to the court acting on its own motion to revoke the grant and direct the issuance of a fresh administration de bonis non.
- The Objector alleged that the Petitioner (late Moses Wekesa) acted fraudulently by omitting the co-administrator's name from the grant, thereby preventing the estate's equitable distribution. The court acknowledged this as a potential ground for revocation under section 76(b) of the Law of Succession Act, which addresses fraudulent acquisition of grants through false statements or concealment. However, the primary basis for revocation centered on the inoperability of the grant due to the administrators' deaths.
Date of Death
1970 May 24
Holdings
The court revoked the grant issued on 24th September 1998 as both administrators are deceased, rendering the grant useless and inoperative. The Objector's application for revocation is allowed, and parties are directed to seek a fresh grant of letters of administration de bonis non and subsequent confirmation.
Remedies
- The court orders that each party shall meet their own costs in relation to the proceedings.
- The court proceeds on its own motion to revoke the grant issued on 24th September 1998 and advises the parties to seek a fresh grant of letters of administration de bonis non and subsequent confirmation of the grant.
Will Type
Intestacy
Probate Status
Revoked
Legal Principles
The court applied the discretionary power under section 76 of the Law of Succession Act to revoke a grant that became useless and inoperative due to the death of both administrators. The decision emphasized that revocation requires sound grounds and evidence of wrongdoing, and the grant must be replaced with a fresh administration de bonis non.
Succession Regime
Law of Succession Act, Cap 160, Laws of Kenya
Precedent Name
- In the Matter of the Estate of Peris Wanjiku Nduati (deceased)
- Maamun bin Rashid bin Salim EL-Rumhy vs Haider Mohammed Bin Rashid El-Basamy
- In the Matter of the Estate of Esther Wanjiru Mucheru (deceased)
- In re Estate of Laban Njenga Mundia (Deceased)
- Mwathi v Mwathi & Another
- Kennedy Opiche Olela v William Ogida Ochuodho & another
- In the Matter of the Estate of Mwaura Mutungu alias Mwaura Gichingo Mbura alias Mwaura Mbura
- In the Matter of the Estate of Mohamed Musa
- Musa v Musa
- Albert Imbuga Kisigwa vs Recho Kavai Kisigwa
Executor Name
- Stephen Masiaka Shiundu
- Eliud Wamela
Cited Statute
Law of Succession Act, Cap 160, Laws of Kenya
Executor Appointment
- Substituted Executor for late Fridah Nakhayo Wamela
- Substituted Executor for late Moses Wekesa
Judge Name
DK Kemei
Passage Text
- In view of the foregoing observations, it is my finding that the Objector's application dated 14.10.2010 has merit. The same is allowed. The family of the deceased are now directed to urgently proceed to seek for fresh grant of letters of administration de bonis non and thereafter seek for confirmation of grant. Each party to meet their own costs.
- Power to revoke a grant is a discretionary power that must be exercised judiciously and only on sound grounds. It is not discretion to be exercised whimsically or capriciously. There must be evidence of wrong doing for the Court to invoke section 76 and order to revoke or annul a grant. And when a Court is called upon to exercise this discretion, it must take into account interests of all beneficiaries entitled to the deceased's estate and ensure that the action taken will be for the interest of justice.
Beneficiary Classes
Other