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Court of AppealPartially AllowedCivil Appeal No. 32 of 2016· [2017] KECA 308 (KLR)

Francis Muriithi Miiri & 2 others v Susan Wambura Miiri & 3 others [2017] KECA 308 (KLR)

Court of Appeal of Kenya
27 July 2017
GKG.B.M. KariukiFSF. SichaleSKS. Ole Kantai
1,324 words in judgment
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The bottom line

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Kenya's Court of Appeal upheld the revocation of a succession grant obtained by hiding a beneficiary, ruling the outcome matters more than the reasons.

What this practically means

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Executive summary

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This is a Court of Appeal at Nyeri judgment (G.B.M. Kariuki, F. Sichale and S. Ole Kantai, JJA) in a first appeal from the ruling of Limo, J. in Kerugoya High Court Succession Cause No. 853 of 2013 delivered on 28th October 2015. The High Court had revoked and annulled a grant of letters of administration in the estate of Miiri Nderi Kariri issued on 21st March 2001 in Embu High Court Succession Cause No. 76 of 2002 and confirmed on 7th March 2002. The trial Judge found the grant was obtained on untrue allegations of fact (the omission of a dependent, Irene, and the inoperative share of a deceased beneficiary, Peris Kathangu) and revoked it suo moto under Section 76 of the Law of Succession Act. The administrators appealed, contending the Judge relied on unpleaded and extraneous matters. The Court of Appeal held that although the learned Judge revoked the grant for the wrong reasons, the decision to revoke was correct because the grant was obtained fraudulently through concealment of material facts. It upheld the revocation but substituted the reasons with concealment of material facts. It also upheld the issuance of a fresh grant to Shem N. Miiri jointly with one nominee of the daughters, and directed that the estate be distributed by the superior court after hearing the parties and bringing the entire estate into hotch-potch. As a family matter, no orders as to costs were made, each party bearing their own costs. The appeal partially succeeded: the decision below was varied as to reasons but the revocation and fresh grant orders were affirmed.

Key legal issues

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01

Grounds for revocation of a grant under Section 76 of the Law of Succession Act

Holding

The Court of Appeal upheld the revocation of the grant but on the ground that it was obtained fraudulently through concealment of material facts, namely the omission of Irene as a beneficiary, rather than the grounds relied on by the High Court.

Reasoning

Section 76 sets out the grounds on which a grant may be annulled or revoked. The trial Judge found the grant obtained by untrue allegations of fact but rested his decision on considerations (the omitted dependent Irene and the inoperative share of a deceased beneficiary) not invoked by the applicants. The appellate court, being a court of first appeal on facts and law, found from the record that the true ground was fraudulent concealment of material facts and upheld the revocation while substituting the reasons.

p. 3
02

Appellate power to sustain a correct decision reached on wrong grounds

Holding

An appellate court may uphold a decision of the court below that is correct in result even where the lower court relied on the wrong grounds, substituting the correct reasoning.

Reasoning

The appellants attacked the revocation on the basis that the trial Judge relied on extraneous and unpleaded matters. The Court of Appeal accepted that the grounds were wrong but held the outcome correct, exercising its own assessment of the record to substitute the proper Section 76 ground of concealment of material facts, and accordingly dismissed the challenge to revocation while varying the reasoning.

p. 3
03

Administration and distribution of the estate

Holding

The order for a fresh grant to Shem N. Miiri jointly with one nominee of the daughters was upheld, and distribution is to be undertaken by the superior court after hearing all parties and bringing the entire estate into hotch-potch.

Reasoning

The court confirmed the trial Judge's direction that the petitioner sit with all beneficiaries, list the assets and agree on a mode of distribution, with liberty to move the court in default of agreement. It directed that the whole estate be collected and brought into hotch-potch before distribution by the superior court, ensuring all beneficiaries, including the omitted dependent, are accounted for.

p. 3

Legal principles established

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  • A grant of letters of administration may properly be revoked under Section 76 of the Law of Succession Act where it was obtained fraudulently through concealment of material facts, even if the High Court relied on incorrect grounds in reaching that result; an appellate court may uphold the correct outcome while substituting the correct reasons.

Court orders

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  1. 1.The appeal fails in so far as it challenged the decision to revoke the grant; the revocation of the grant issued on 21st March 2001 and confirmed on 7th March 2002 is upheld
  2. 2.The reasons given by the High Court for revocation are substituted with concealment of material facts
  3. 3.The decision for issuance of a fresh grant to the petitioner, Shem N. Miiri, and one other person to be nominated by the daughters of the deceased from among the respondents is upheld
  4. 4.The estate shall be distributed by the superior court after hearing the parties and ensuring that the entire estate is collected and brought into hotch-potch
  5. 5.No orders as to costs; each party to bear their own costs

Authorities

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Legislation

  • Law of Succession ActSection 76
  • Law of Succession Act (Cap 160, Laws of Kenya)Cap 160
On appeal from
High Court of Kenya at Kerugoya
Succession Cause No. 853 of 2013
Jurisdiction invoked
First appeal from the High Court sitting in probate and administration jurisdiction under the Law of Succession Act (Cap 160)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Francis Muriithi Miiri & 2 others v Susan Wambura Miiri & 3 others [2017] KECA 308 (KLR)", Case Analysis (2017). Civil Appeal No. 32 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/308/eng@2017-07-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.