Case Metadata |
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| Case Number: | Prob & Admin 68 of 2003 |
|---|---|
| Parties: | KUNDU WACHABA v SHADRACK WESUTILA |
| Date Delivered: | 08 Nov 2006 |
| Case Class: | Civil |
| Court: | High Court at Bungoma |
| Case Action: | |
| Judge(s): | Nicholas Randa Owano Ombija |
| Citation: | KUNDU WACHABA v SHADRACK WESUTILA [2006] eKLR |
| Case Summary: | [Ruling]Family Law- probate and administration-grant-confirmation of grant- application for confirmation of grant-where the applicant had mislead the court as to the beneficiaries of the deceased estate-where left behind one child- applicable principles-whether the facts were sufficient to warrant revocation of the grant |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
Prob & Admin 68 of 2003
KUNDU WACHABA……………………………………………………..DECEASED
AND
SHADRACK WESUTILA…………………...………………………….PETITIONER
RULING
The petitioner herein, Shadrack Wesutila, made an application for the grant of letters of administration intestate which was granted on 9.11.2006.
Subsequently, he applied for the confirmation of grant. When the application came before me, I became suspicious as the applicant was not answering questions put to him by the court as regards beneficiaries straight. I then summoned the Chief of Sirisia Location, Joseph Manduh Soita, who clarified that the deceased left behind one child by the name Eunice Nangekhe Kunyu.
On perusal of the application, I noticed that the name of Eunice Nangekhe Kunyu was not included as a beneficiary yet she is the only surviving child.
I ordered the chief aforesaid to trace Eunice Nengekhe Kunyu who confirmed on oath that she is the only surviving child of the deceased. That she was not aware that the petitioner had made an application for grant of letters of administration intestate and that the applicant had sold the parcel of land.
Against that background, I am persuaded that this grant should not only be confirmed but revoked as well.
Accordingly, I revoke the grant dated 9th November 2004 suo-moto in exercise of my inherent powers. I order that Eunice Nangekhe Kunyu and Penina Nambuye, the mother, to proceed and apply for letters of administration jointly.
DATED and DELIVERED at Bungoma this 8th day of November 2006.
N.R.O. OMBIJA
JUDGE
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