In re Estate of Gachunga (Succession Cause 223 of 1995) [2026] KEMC 487 (KLR)

The deposit was paid on 7th December 1995, before the grant of 19th January 1996. Following Kamau v Wanyoike and Jane Gachoki Gathecha, protection under section 93 requires lawful acquisition of an interest by the transferor. The administrator had no grant, let alone a confirmed grant, when he initiated the sale, and he had no good title to pass. Additionally, the 1st interested party was the deceased's uncle and ought to have known of other beneficial interests.

The applicant and Jane Wairimu Kang'ethe litigated their beneficial claims over parcel 589 in Maragua Land Dispute Tribunal Case No. 43 of 2001; the award was adopted in Murang'a SPM LDT Case No. 71 of 2001, resulting in subdivision and transfer of parcel 3962 to the 2nd interested party. The parties are the same and litigating under the same title. A prior suit, Civil Suit No. 190 of 2019, was dismissed as res judicata. The applicant did not appeal or seek review of the tribunal's award.

Under section 76 of the Law of Succession Act, a grant obtained by concealment of something material is revocable. The administrator swore form P&A 5 as the deceased's sole son, later introducing others as a married daughter and uncle, but never revealed the applicant, his step-brother, who was identified as such in earlier tribunal proceedings. On a balance of probabilities, concealment was proved, warranting revocation and issue of a fresh grant to the applicant.