In re Estate of Henry Maduma Obudho (Deceased) [2022] KEHC 10939 (KLR)

In re Estate of Henry Maduma Obudho (Deceased) (Probate & Administration 70 of 2014) [2022] KEHC 10939 (KLR) (14 June 2022) (Ruling)

Neutral citation: [2022] KEHC 10939 (KLR)

Republic of Kenya

In the High Court at Homa Bay

Probate & Administration 70 of 2014

KW Kiarie, J

June 14, 2022

Between

Samwel Adongo Maduma

Petitioner

and

Maurice Omulo Maduma & 15 others

Objector

Ruling

1. Maurice Omulo Maduma & 15 others the objectors/applicants herein moved the court by way of summons for revocation of grant dated 20th May, 2020 under section 76 of the Law of Succession Act & Rule 44 (1) and (2) of the Probate and Administration Rules.

2. They are seeking orders as follows:a.That this application be certified as urgent.[Spent]b.That the grant of letters of administration issued to Samuel Adongo Maduma the Petitioner herein be revoked and issued to Linus Obudho Maduma, Kiliopas Ojunga Maduma and Samuel Adongo Maduma.c.That the costs of this application be provided for.

3. Their application is premised on the following grounds:a.The Petitioner initially obtained the Grant of Letters of Administration intestate in the year 2019 on the basis of fraudulent concealment and misrepresentation of material facts as follows:i.He petitioned for Grant of Letters of Administration intestate without informing any member of the family.ii.The said grant of letters of administration was annulled on 19th November, 2019 with the court directing that there had to be a representative from each family given that the homes stead was polygamous in nature.b.That the family subsequently had a meeting on the 22nd day of April 2020 and proposed one family representative per house in order for them to act as joint administrators as per the court’s direction on the 19th day of November, 2019. c.That the petitioner cannot be trusted having applied for letters of administration intestate without informing the family.d.That it is in the interest of justice that the honorable court do consider the family’s proposal.e.It is in the interest of justice to have the Grant of Letters of Administration issued to the petitioner revoked and or nullified.

4. The application was opposed on the following grounds:a.That the grant was not obtained fraudulently or in concealment of material facts.b.That the respondent was entitled to administer the estate.c.That the application is res judicata.

5. The applicants /objectors contend that the grant of letters in issue was annulled on 19th November, 2019. If this contention is correct, then their application is baseless.

6. I have looked through the record and did not come across such a revocation. Had there been a revocation, the amended certificate of confirmation issued on 3rd December, 2020 to the respondent herein could not have been issued.

7. It would appear that the objectors/applicants were not satisfied with the decision of this court (Hellen Omondi J.) I have perused her judgment dated 5th December. 2018. This was a citation and the respondent who was the citor therein, brought out all the relevant information. The court ruled that distribution of the estate was to be in the manner proposed by the respondent herein.

8. I agree that the issues raised by objectors/applicants herein were adjudicated upon and the only recourse they had was to appeal. They did not do so.

9. The upshot of the foregoing is that the application lacks merit and the same is dismissed with costs.

10. Since the confirmation of the grant, the petitioner/respondent has not rendered accounts under section 83 (g) of the law of Succession Act. I am granting him 6o days from the date of this ruling to do so. Failure to comply without having sought extension of time the grant shall be automatically revoked.

DELIVERED AND SIGNED AT HOMA BAY THIS 14TH DAY OF JUNE, 2022KIARIE WAWERU KIARIEJUDGE