In re Estate of Gathi Mwate (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Eldoret
Category
Civil
Judge(s)
H.A. Omondi
Judgment Date
May 04, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Gathi Mwate (Deceased) [2020] eKLR, detailing the legal proceedings and implications surrounding the estate. Gain insights into key judicial decisions and their impact.

Case Brief: In re Estate of Gathi Mwate (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of the Late Gathi Mwate (Deceased)
- Case Number: Succession Cause No 151 of 2007
- Court: High Court at Eldoret
- Date Delivered: 4th May 2020
- Category of Law: Civil
- Judge(s): H.A. Omondi
- Country: Kenya

2. Questions Presented:
The court must resolve the following central legal issues:
a) Should the orders of demolition granted on 30th July 2019 be set aside?
b) Should a temporary order of injunction be issued to stop the execution of the demolition order and the eviction of tenants from specific parcels?
c) Should preservatory orders be issued regarding the estate of the late Gathi Mwate until the hearing and determination of the revocation or annulment of grant?
d) Should the grant issued to the Petitioner/Respondent on 26th December 2007 and confirmed on 15th June 2009 be revoked or annulled?

3. Facts of the Case:
The parties involved are Johnes Mwangi Gathi (Petitioner/Respondent) and Peter Njoroge Mwangi (Objector/Appellant), who are biological brothers. The case arises from a dispute over the estate of their deceased father, Gathi Mwate. The Objector claims that the Petitioner fraudulently obtained the grant of letters of administration by excluding other beneficiaries, including himself and their late sister, from the estate distribution. The Objector alleges that the Petitioner intends to demolish structures on specific parcels of land and disinherit him. The Petitioner, on the other hand, asserts that the Objector has been adequately provided for in the estate distribution.

4. Procedural History:
The Objector filed a chamber summons application on 9th December 2019 seeking various orders, including a stay of execution of a demolition order and the revocation of the grant issued to the Petitioner. The Petitioner opposed the application, arguing that it was based on falsehoods and that the Objector was already included in the distribution of the estate. The court ultimately considered written submissions from both parties.

5. Analysis:
- Rules: The court considered Section 76 of the Law of Succession Act, which allows for the revocation of grants on several grounds, including fraud and failure to disclose material facts.
- Case Law: The court referenced previous cases, including *Joseph Shisundi Likhanga Ferdinand Lisutsa Shibuku & Anor [2019] eKLR* and *PURITY KAARI GILBERT & ANOR vs DAVID NJERU MUGWIKA [2017] eKLR*, which addressed issues of fraud in obtaining grants and the importance of proper estate administration.
- Application: The court applied the rules and case law to the facts of the case, emphasizing that the grant was obtained with insufficient disclosure of beneficiaries and that the Objector had shown a prima facie case for the revocation of the grant. The court found that the Petitioner had failed to adequately administer the estate and that the distribution was not properly executed.

6. Conclusion:
The court ruled in favor of the Objector, revoking the grant issued to the Petitioner. The court determined that the Petitioner had not properly disclosed all beneficiaries during the grant process and failed to administer the estate correctly. The ruling has broader implications for estate administration, emphasizing the need for transparency and fairness in the distribution of deceased estates.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court at Eldoret ruled to revoke the grant of letters of administration previously issued to Johnes Mwangi Gathi due to fraudulent acquisition and failure to include all beneficiaries in the estate distribution. This case underscores the importance of equitable treatment of all beneficiaries in estate matters and the necessity for administrators to adhere strictly to legal requirements in the management of estates. The court awarded costs to the Objector, reinforcing the principle of accountability in estate administration.

Document Summary

Below is the summary preview of this document.

  • In-re-Estate-of-Gathi-Mwate-Deceased-[2020]-eKLR-Case-Summary_1421_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries