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High CourtDismissedSummons for revocation of grant (succession cause, Meru)

In re Estate of M'Mugwika M'Rimberia (Deceased) - Alfred Mwiti Bundi v Janet Kirungi M'Mugwika & 9 Others

High Court of Kenya
15 October 2020
AOAnne Adwera Ong'injo
1,742 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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To successfully challenge an inheritance grant, you must prove you are a rightful beneficiary and that the grant was obtained through fraud or concealment.

What this practically means

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Executive summary

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The applicant, Alfred Mwiti Bundi, sought revocation of letters of administration granted to Janet Kirungi M'Mugwika on 4 October 2011 and confirmed on 27 June 2012 in the estate of M'Mugwika M'Rimberia (deceased), pursuant to section 76 of the Law of Succession Act, together with inhibition orders over LR No. NYAKI/MULANTHAKARI/243 under section 68 of the Land Registration Act. He claimed his deceased father, Joel Bundi, a son of the deceased, was omitted from the succession cause, and that the ancestral suit land had changed hands since confirmation. The land had been transmitted to the petitioner, who charged it to KWFT to guarantee a loan to the 9th interested party and his wife; on default, the 8th interested party (the chargee) issued statutory notices, recovered part of the debt through a private treaty over Nyaki/Chugu/174, and advertised the suit land for auction, with related proceedings pending in Meru CM ELC 216 of 2019. The petitioner and the 8th interested party opposed, contending all beneficiaries consented to distribution and that the applicant lacked locus. The court, framed a single issue of whether to revoke the grant. It found the applicant had not annexed his identity card to prove paternity, noted inconsistencies around Joel Bundi's age and the chief's letter, and observed that all living dependants had consented to the land devolving wholly to the petitioner, who swore a statutory declaration that no one else claimed it. The application for revocation was dismissed, the interim inhibition order of 18 September 2019 was lifted, and each party was ordered to bear their own costs.

Key legal issues

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01

Whether the grant was obtained by concealment of material facts justifying revocation under section 76

Holding

Revocation refused; the applicant did not prove he was a beneficiary omitted from the cause, and all living dependants consented to the distribution of the suit land wholly to the petitioner

Reasoning

The court examined the record and found the chief's letter introducing beneficiaries showed Joel Bundi as deceased, and the applicant's identity card was not annexed to prove paternity. All living dependants consented to the land devolving wholly to the petitioner, who made a statutory declaration that no one else claimed the parcel. The court also noted the applicant never referenced the pending magistrates' court suit over the same parcel.

p. 3

Legal principles established

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  • A grant may be revoked under section 76 of the Law of Succession Act where proceedings were defective, or the grant was obtained fraudulently, by concealment of material facts, or by untrue allegation of an essential fact

Court orders

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  1. 1.Application for revocation of grant dismissed
  2. 2.Interim order of inhibition made on 18th September 2019 lifted
  3. 3.Each party to bear their own costs
Jurisdiction invoked
Section 76 of the Law of Succession Act; rules 27, 44, 49 and 73 of the Law of Succession Act; section 68 of the Land Registration Act No. 3 of 2012

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, "In re Estate of M'Mugwika M'Rimberia (Deceased) - Alfred Mwiti Bundi v Janet Kirungi M'Mugwika & 9 Others", Case Analysis (2020). Summons for revocation of grant (succession cause, Meru). Source:

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