Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
High CourtStruck OutSuccession Cause No. 332 of 2015

In the Matter of the Estate of Onuko Ngete (Deceased) - Samuel Oyieke Ngete v Leonora Akumu Ogila

High Court of Kenya
25 September 2019
JKJ. R. Karanjah
1,197 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

A court grant that is invalid is a legal void, meaning any legal action based on it is worthless.

What this practically means

#

Executive summary

#
This succession cause originated in Oyugis as Succession Cause No. 87 of 2006 for letters of administration intestate over the estate of Onuko Ngete, comprising land parcel No. Kasipul/Kachieng/225. Letters of administration were granted to Simon Olwa Ogila on 24th May 2007 and the grant was confirmed on 27th May 2010 in terms of an agreed distribution among the beneficiaries. After Simon Olwa Ogila died, Leonora Akumu Ogila, his wife, obtained an order for her substitution as petitioner on 22nd September 2011 and, the following day, obtained a second grant of letters of administration and a second certificate of confirmation of grant - all without the original grant and certificate having been revoked. The court held that because the original grant and certificate remained valid, the second grant and certificate issued to Leonora were null and void ab-initio, and it revoked them under Section 76 of the Law of Succession Act. The court further held that the Act makes no provision for substitution of an administrator; the proper course upon an administrator's death is revocation of the grant as useless and inoperative under Section 76, followed by a fresh grant to a person qualified under Section 66 and Part V. The substitution application at Oyugis was therefore fatally defective, having been brought by chamber summons without any enabling provision. Consequently, the application dated 10th July 2015 by the applicant/objector Samuel Oyieke Ngete, which was founded on the invalidated grant and certificate, was struck out and dismissed as null and void ab-initio. The court directed that the initial grant to the deceased administrator be revoked on application by any genuine beneficiary and a fresh grant issued. Authorities on the impropriety of substitution applications were followed.

Key legal issues

#
01

Validity of a second grant issued while the original grant remained unrevoked

Holding

The second grant and certificate of confirmation of grant issued to Leonora Akumu Ogila on 23rd September 2011 were null and void ab-initio because the original grant and certificate of 2007 and 2010 remained valid, and the court revoked them under Section 76.

Reasoning

The original grant of 25th May 2007 and certificate of confirmation of 27th May 2010 had never been revoked when the second grant and certificate were issued on 23rd September 2011. Two concurrent valid grants could not coexist; the later documents were therefore void from inception and required formal revocation to remove any doubt.

p. 2
02

Impermissibility of substitution of an administrator

Holding

Substitution of an administrator is not provided for by the Law of Succession Act; the Oyugis court's substitution order was fatally defective, having been made by chamber summons without any enabling provision.

Reasoning

The Act contemplates revocation of a grant that has become useless and inoperative following the death of the holder, followed by a fresh grant to a person falling within Section 66 and Part V. The substitution application in Oyugis lacked an enabling provision and should not have been allowed; the proper course was revocation under Section 76.

p. 2
03

Consequences of founding an application on an invalidated grant

Holding

An application founded on an invalidated or revoked grant is misconceived and must be struck out as null and void ab-initio.

Reasoning

Since the applicant's application of 10th July 2015 rested on the grant and certificate issued to Leonora Akumu Ogila which the court invalidated, the application drew no legal strength or authority from those documents and could not sustain any relief.

p. 2

Legal principles established

#
  • A grant or certificate of confirmation of grant that is invalidated is a legal void and nothing can flow from it.
  • The Law of Succession Act does not provide for substitution of an administrator; the remedy is revocation under Section 76 and a fresh grant under Section 66 and Part V.

Court orders

#
  1. 1.Revocation of the grant of letters of administration and certificate of confirmation of grant both dated 23rd September 2011 issued to Leonora Akumu Ogila under Section 76 of the Law of Succession Act
  2. 2.Striking out and dismissal of the applicant's application dated 10th July 2015 for being null and void ab-initio
  3. 3.Direction that the initial grant to the deceased administrator Simon Olwa Ogila ought to be revoked on application by any genuine beneficiary for being useless and inoperative following his demise, and a fresh grant issued to any genuine beneficiary
Jurisdiction invoked
Law of Succession Act (Section 76) - succession cause arising from Oyugis Succession Cause No. 87 of 2006

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "In the Matter of the Estate of Onuko Ngete (Deceased) - Samuel Oyieke Ngete v Leonora Akumu Ogila", Case Analysis (2019). Succession Cause No. 332 of 2015. Source:

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