STANLEY MAINA MWANGI V. SABINA WANJIRU MWANGI

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court (the Honourable Mr.Justice Dulu) delivered at Nairobi on 16^th April 2008 dismissing the appellant’s application for revocation or annulment of Grant of letters of administration issued to the respondent with respect to the estate of John Mwangi Njoroge, deceased.

The deceased died intestate on 18^th March 1998. His wife, the respondent; his son, the appellant; and a second son Stephen Kinyuru Mwangi survived him. The respondent petitioned the Principal Magistrate’s Court at Murang’a and was issued with the Grant of Letters of Intestate on 10^th July 1998.

By an application dated 11^th June 2004 made under section 76 of the Law of Succession Act the appellant applied for revocation of the Grant in favour of the respondent on grounds, inter, alia that it was fraudulently obtained by making a false statement or by concealment of material facts and that it was obtained by means of untrue allegations.

After hearing the appl…