1. The Objectors have filed summons for revocation of grant dated 1/8/2023 brought under section 76 of the Law of Succession Act, Rules 44(1), (2) and 73 of the Probate and Administration Rules and all other Enabling provisions of laws. The same seeks the following orders;
I. Spent.
II. THAT an interim order of injunction do issue restraining the Petitioner/Respondent herein, either by himself, his servants and/or agents or anyone whomsoever claiming title or acting on their behalf from trespassing on, subdividing or doing any act on land parcel known as LR No. NORTH SAKWA/MARANDA/1426 pending the hearing and determination of this application interpartes.
III. THAT this Honorable Court do issue conservatory orders restraining the Petitioner/Respondent and/or administrators, agents, servants and/or assignees from interfering and/or intermeddling with the estate of the deceased and especially LR No. NORTH SAKWA/MARANDA/1426 pending the hearing and determination of this succession proceeding;
IV. THAT the registration of title number LR. NORTH SAKWA/MARANDA/1426 currently under the Respondent be canceled and the same do revert back to the deceased ALFRED AGOLA NYAPADA.
V. THAT the Certificate of Confirmation of a Grant of the estate of ALFRED AGOLA NYAPADA issued to AMBROSE NYAPADA on the 26th September 2008 in this cause be revoked.
VI. THAT the cost be on the cause.
2. The application is supported by grounds set out thereunder and by the supporting affidavit of the 1st, 2nd and 3rd Objectors/Applicants dated 11th July 2023 wherein they deposed as follows:
3. Paul Omondi Sewe, the 1st Applicant herein deposes inter-alia ; that he was the grandson of the late Alfred Agola Nyapada who was the registered proprietor of the suit properties herein; that his late father, Japheth Agola Osewe was the deceased’s son which made his siblings and him direct beneficiaries of the deceased’s estate; that his late father died on 12th August 2012 six years after the Petitioner/Respondent had filed for the Grant of letters of Administration and attached a copy of the death certificate marked as POO-1; that the Petitioner/Respondent was the son of the late Alfred Agola Nyapada and his paternal uncle making him one of the rightful beneficiaries of the deceased's estate; that the suit land LR No. North Sakwa/Maranda/1426 was first registered in favor of the deceased the late Alfred Agola Nyapada and attached a copy of the green card certificate marked as POO-2; that the Petitioner/Respondent had misrepresented facts to the area chief and before the honorable court as the sole beneficiary of the deceased's estate omitting other beneficiaries; that the information shared with the Chief was rectified by the Office of the Chief West Sakwa Location via a letter dated 7th July 2023 confirming the rightful beneficiaries of the estate as per the attached annexure marked as POO-3; that after being issued with the Certificate of Confirmation of Grant of Letters of Administration dated 26th September 2006 as the sole beneficiary, the Petitioner transferred all of the deceased's estate into his own name as per the attached copy of the certificate marked as POO-4; that he knew of his own knowledge that the Petitioner had transferred 1 / 3 of the property into his own name under entry number seven dated 23rd June 2023 as per the attached search certificate dated 10th July 2023 marked as POO-5; that the Petitioner/Respondent was threatening to evict them from LR No. North Sakwa/Maranda/1426 forgetting that the deponent and the other Objectors/Applicants had established their homes and utilized the suit property for over thirty years; that the Petitioner did not and should not have an interest in that particular suit property because before the demise of his grandfather, the Petitioner was settled on LR No. North Sakwa/Maranda/949 which he was utilizing in its entirety peacefully as per the attached search certificate dated 11th July 2023 marked as POO-6; that he knew of his own knowledge that the Petitioner obtained the Grant of Letters of Administration based on fraudulent concealment and misrepresentation of material facts as follows: He misrepresented himself as the only surviving beneficiary of the deceased's estate even though his late brother (the deponent’s father) was alive at the time and his aunties (the daughters-in-law of the deceased and 2nd and 3rd Objectors/Applicants) were present. He fraudulently concealed from the court and the initiating chief that he had obtained consent from other beneficiaries when he had not and he failed to disclose to the court that the deceased had a total of nine children at the time the succession was conducted; that they prayed that the Grant of Letters of Administration issued to Ambrose Nyapada Agola be revoked and reissued in the names of the three Objectors/Applicants; that they were desirous of an interim order of injunction restraining Ambrose Nyapada Agola by himself, his servants, agents or anyone claiming title through him from remaining in, occupying, trespassing on, subdividing or doing any act on land parcel LR No. North Sakwa/Maranda/1426 pending the inter partes hearing and determination of the application; that they were desirous that 1 / 3 of land parcel LR No. North Sakwa/Maranda/1426 be registered in the names of the three Objectors/Applicants; that unless the court intervened and issued a temporary injunction, they would incur serious, irreparable damage and losses that could not be compensated; that if the application is not allowed, the Petitioner would be enabled to complete his well-crafted fraud resulting in the disinheritance of the Objectors and other beneficiaries/heirs.
4. Florence Juma Owino , the 2nd Applicant herein deposes interalia; that she is the daughter-in-law of the late Alfred Agola Nyapada who was the first registered proprietor of the suit properties herein; that she is the widow of Elisha Owino Agolla who was the son of the late Alfred Agola Nyapada making her a beneficiary of the deceased's estate as per the attached copy of her late husband's death certificate marked as FJO-1; that her late husband left her with ten children who were grandchildren of the deceased; that before his demise, her late husband established their matrimonial home on the suit property and that she had resided on land parcel LR No. North Sakwa/Maranda/1426 for over forty years (since 1966); that the Petitioner/Respondent was her brother-in-law (blood brother to her late husband) and who was threatening to evict her, her children and the two co-Objectors; that she is aware that land parcel LR No. North Sakwa/Maranda/1426 was first registered in favor of her father-in-law, the late Alfred Agola Nyapada as per the attached copy of the green card certificate marked as FJO-2; that the Petitioner did not and should not have an interest in that suit property because before their father-in-law's demise, he was settled on LR No. North Sakwa/Maranda/949 which he was utilizing completely and peacefully as per the attached search certificate dated 11th July 2023 marked as FJO-3; that the Petitioner/Respondent had misrepresented facts to the area chief and before the court as the sole beneficiary of the deceased's estate to the exclusion of other beneficiaries; that the information given to the Chief was rectified by the Office of the Chief West Sakwa Location via a letter dated 7th July 2023 confirming the rightful beneficiaries as per annexure marked as FJO-4; that upon receiving the Certificate of Confirmation of Grant dated 26th September 2006, the Petitioner transferred all the deceased's properties in his favor as per the attached copy of the certificate marked as FJO-5; that they realized the Petitioner/Respondent had registered the suit land in his name and two other owners who were deceased and whose letters of administration had not been obtained; that the family of the late Alfred Agola Nyapada was entitled to a 1 / 3 share of the land which ought to be allocated to her and the two co-Objectors as it had been allocated to them by their father-in-law prior to his demise as per the attached search certificate dated 10th July 2023 marked as FJO-6; that she knew of her own knowledge that the Petitioner obtained the Grant of Letters of Administration based on fraudulent concealment and misrepresentation of material facts as follows: He misrepresented himself as the only surviving beneficiary of the deceased's estate even though she as the widow of his younger brother was available and had never remarried after her husband's death. He fraudulently concealed from the court and the chief that he had obtained consent from other beneficiaries when he had not. He failed to disclose to the court that the deceased had a total of ten children at the time succession was conducted.; that they prayed that the Grant of Letters of Administration issued to Ambrose Nyapada Agola be revoked and issued in the names of the three Objectors/Applicants; that they were desirous of an interim order of injunction restraining Ambrose Nyapada Agola, by himself, his servants, agents or anyone claiming title through him, from remaining in, occupying, trespassing on, subdividing or doing any act on land parcel LR No. North Sakwa/Maranda/1426 pending the inter partes hearing and determination; that they were desirous that the 1 / 3 share of LR No. North Sakwa/Maranda/1426 be registered in the names of the three Objectors/Applicants; that unless the court issued a temporary injunction, they would incur serious losses and irreparable damage that could not be compensated; that if the application were not allowed, the Petitioner would complete his well-crafted fraud resulting in the disinheritance of the Objectors and other beneficiaries/heir.
5. The 3rd Objector, Janet Shishali Makuti averred interalia that; that she and her two co-wives were daughters-in-law of the late Alfred Agola Nyapada who was the first registered proprietor of the suit properties; that she and her two co-wives were widows of the late Joram Odhiambo Agola son of the late Alfred Agola Nyapada making them beneficiaries of the deceased's estate as per the attached copy of Joram Odhiambo Agola's death certificate marked as JSM-1; that before his demise, her late husband established their matrimonial home on the suit property and she together with her two co-wives had resided on land parcel LR No. North Sakwa/Maranda/1426 for over thirty-five years; that the Petitioner/Respondent was her brother-in-law (blood brother to her late husband) and was threatening to evict them, her children and the two co-Objectors; that the Petitioner did not and should not have an interest in the suit property because prior to their father-in-law's demise, he was settled on LR No. North Sakwa/Maranda/949 which he was utilizing fully and peacefully attaching a search certificate dated 11th July 2023 marked as JSM-2; that she was aware that land parcel LR No. North Sakwa/Maranda/1426 was first registered in favor of their father-in-law, the late Alfred Agola Nyapada as per the attached copy of the green card certificate marked as JSM-3; that the Petitioner/Respondent had misrepresented facts to the area chief and before the court as the sole beneficiary of the deceased's estate omitting other beneficiaries; that the information provided to the Chief was rectified by the Office of the Chief West Sakwa Location via a letter dated 7th July 2023 confirming the rightful beneficiaries as per annexure marked as JSM-4; that upon obtaining the Certificate of Confirmation of Grant dated 26th September 2006, the Petitioner transferred a 1 / 3 share of the deceased's properties into his favor as per the attached copy of the certificate marked as JSM-5; that they realized the Petitioner/Respondent had registered 1 / 3 of the suit land in his name as the sole beneficiary despite her and the two co-Objectors dwelling on and utilizing the land for over forty years as per the attached search certificate dated 10th July 2023 marked as JSM-6; that she knew of her own knowledge that the Petitioner obtained the Grant of Letters of Administration based on fraudulent concealment and misrepresentation of material facts as follows: He misrepresented himself as the only surviving beneficiary of the deceased's estate even though her late husband was still alive at the time the grant was obtained. He fraudulently concealed from the court and the chief that he had obtained consent from other beneficiaries when he had not. He failed to disclose to the court that the deceased had a total of nine children at the time succession was conducted; that they prayed that the Grant of Letters of Administration issued to Ambrose Nyapada Agola be revoked and issued in the names of the three Objectors/Applicants; that they are desirous of an interim order of injunction restraining Ambrose Nyapada Okelo, by himself, his servants, agents or anyone claiming title through him, from remaining in, occupying, trespassing on, subdividing or doing any act on land parcel LR No. North Sakwa/Maranda/1426 pending the inter partes hearing and determination; that they are desirous that land parcel LR No. North Sakwa/Maranda/1426 be registered in the names of the three Objectors/Applicants; that unless the court intervened and issued a temporary injunction, they would incur serious losses and irreparable damage that could not be compensated; that if the application were not allowed, the Petitioner would be assisted in completing his well-crafted fraud leading to the disinheritance of the Objectors and other beneficiaries/heirs.
6. The Petitioner/ Respondent, Ambore Nyapada opposed the summons for revocation by way of a replying affidavit sworn on 4th October 2023 wherein he contends interalia; that the Grant of Letters of Administration Intestate was issued to him on the 18th day of September 2006 and attached a copy of the said Grant marked ANA1 and a copy of the Certificate of Confirmation of Grant marked ANA2; that the assets of the late Alfred Agola Nyapada, to whose estate those proceedings related, were erroneously recorded and not properly distributed in the said Grant of Letters of Administration and therefore should be rectified to reflect the correct distribution in tandem with the allocation done by the deceased before his demise as follows:
i. LR No. North Sakwa/Maranda/1426
-Ambrose Nyapada Agola – 10.67 Acres
-Paul Omondi Osewe (Osewe Agola's family) – 10.67 Acres
-Mrs. Florence Juma (Owino Agola's family) – 10.67 Acres
-Odhiambo Agola's family – 4.0 Acres
-Jeckton Oruo Raongo's family – 1 / 3 portion
- Joyce Auma Otieno's family – 1 / 3 portion
ii. North Sakwa/Maranda/943
-Paul Omondi Osewe (Osewe Agola's family) – 2 Acres
iii. North Sakwa/Maranda/949
-Ambrose Nyapada Agola – 6 Acres
iv. Land Parcel Number ...... (to be disclosed by the respective owners)
-Odhiambo Agola's family – 4 Acres
-Odhiambo Agola's mother – 4 Acres
-Osewe Agola's family – 4 Acres
-Owino Agola's family – 4 Acres
- Odende Nyapada's family (brother to the late Alfred Agola Nyapada) – 5 Acres
- Ambrose Nyapada Agola – 4 Acres
v. Land Parcel No. 37 (Alfred Agola Nyapada - Deceased)
-20.8 Acres
- that the late Odhiambo Agola sold all the aforementioned parcels of land under items (ii), (iii), (v), and (vi).
vi. Mamboleo, Kisumu Parcel (16 Acres)
-Osewe Agola family (Paul Omondi Osewe)
; that by a letter dated 6th June 2023, his Advocates proposed to the Applicants to distribute the assets but in vain as the said letter did not elicit any response as per attached bundle of copies of the documents of ownership, Shares Certificate, Title Deed and/or Search Certificates marked ANA; that upon receipt of the said letter dated 6th June 2023, the 1st Applicant/Objector caused the Chief of West Sakwa Location to convene a meeting regarding the matter in which meeting the deponent indicated that the matter was already in court and beyond the jurisdiction of the Administrative Chief; that in the foregoing circumstances, the averments in paragraphs 7, 10 and 13 were denied in toto as they were false; that contrary to paragraphs 13 and 14 of the supporting affidavits, he fully disclosed the beneficiaries of the estate by the affidavit dated and sworn on 8th May 2006 and filed on 28th May 2006, a copy of which was attached and marked ANA4; that contrary to paragraph 12 of the supporting affidavit of Paul Omondi parcel number North Sakwa/Maranda/949 was a gift from his late father granted inter vivos before his demise and therefore he merited a portion of LR No. North Sakwa/Maranda/1426 as parcel number 949 was small and not subject to succession therein as per the attached copy of the Green Card for Land Parcel Number North Sakwa/Maranda/949 marked ANA5;
7. At the close of pleadings and upon receipt of the joint Land Registrar and Surveyor’s Verification Report, directions were issued for the parties to file written submissions. The Court notes on record that as at the date of writing and delivering this ruling, the Objectors/Applicants had not filed written submissions despite directions to that effect.
8. Counsel for the Petitioner/Respondent submitted that the Petitioner/Respondent was the son of the deceased, Alfred Agola Nyapada. They noted that the 1st Objector/Applicant was the son of Asewe Agola (deceased) who was also the son of Alfred Agola Nyapada. Counsel stated that the 2nd Objector/Applicant, Florence Juma Owino was the wife of Elisha Owino who was the last born in the Agola family and was also deceased. They further stated that the 3rd Objector/Applicant was the wife of Odhiambo Agola who was not a biological son of Alfred Agola Nyapada.
9. They submitted that while Alfred Agola Nyapada had several parcels of land, the parcel subject to distribution at that time was parcel number North Sakwa/Maranda/1426 which was registered in the names of three people, namely Alfred Agola Nyapada, Jectone Orua Rahongo and Joyce Auma Otieno. They stated that the total acreage of the parcel was 67 acres.
10. Counsel informed the court that the Bondo/Rarieda/Usigu Sub-County Land Registrar and the Surveyor had visited the parcel pursuant to a court order dated 27 th November 2025 to determine the boundary and ascertain the acreage of the subject parcel. They noted that the exercise had taken three days, specifically the 14th, 15th, and 24th of May 2026.
11. They stated that the Registrar's report confirmed the entire parcel was 27.5 Hectares translating to 67.95 acres. They added that the Registrar had stated the parcel was currently registered in the names of Ambrose Nyapada Agola (Petitioner/Respondent), Jectone Orua Raongo and Joyce Auma Otieno, but contended that she had erroneously stated that each of the three held a 1/3 undivided share. Counsel submitted that the share belonging to the Estate of the deceased, Alfred Agola Nyapada on the parcel was 18.3 Ha (translating to 36 acres). They annexed a copy of the title deed confirming the acreage without indicating a 1/3 share as well as a payment receipt made by the Petitioner/Respondent on 25th November 2008 to establish the boundary for North Sakwa/Maranda/1426 for 18.3 Ha. They submitted that any suggestion to the contrary was misleading to the court.
12. Having established the acreage, counsel submitted that the parcel of land should be distributed as follows:
LR No. North Sakwa/Maranda/1426
a. Ambrose Nyapada Agola – 10.67 Acres
b. Paul Omondi Osewe (Osewe Agola's family) – 10.67 Acres
c. Mrs. Florence Juma (Owino Agola's family) – 10.67 Acres
d. Odhiambo Agola's family – 4.0 Acres
e. The Homestead of the late Alfred Agola Nyapada – 1.4 Acres
13. Counsel submitted that the rationale for the proposed mode of distribution was that the Petitioner/Respondent, Ambrose Nyapada Agola was the son of the deceased Alfred Agola Nyapada and could not be shut out when distributing his father's estate. Secondly, counsel submitted that land parcel numbers North Sakwa/Maranda/943 and North Sakwa/Maranda/949 were not subject of distribution in those proceedings as they were gifts given inter vivos to the father of the 1st Objector (Paul Omondi) and the Petitioner (Ambrose Nyapada), respectively. Thirdly, they submitted that the Petitioner/Respondent had over 26 children, grandchildren and other dependants who were looking forward to receiving their shares through his allocation. They noted that the 1st Objector's father had sired five children including the 1st Objector and that the 2nd Objector had a large family consisting of three sons and five daughters which informed their proposal.
14. Regarding the 3rd Objector's late husband Odhiambo Agola, counsel submitted that he had sold his four acres as well as another four acres given to him and his late mother (Florence Agero) by the Petitioner's father in Kitale. They added that he had also sold two acres belonging to the Petitioner, two acres belonging to the 1st Objector's father and two acres belonging to Elisha Owino.
15. I have carefully considered the Summons for Revocation, the supporting affidavits, the replying affidavit, the written submissions tendered, the Land Registrar's Report, the Surveyor's Report and the relevant exhibits. The core issue for determination is whether the Objectors/Applicants have made out a case for the revocation of the grant under Section 76 of the Law of Succession Act, Cap 160.
16. The law governing revocation of grants is well-settled. Section 76 of the Law of Succession Act provides that a grant of representation, whether or not confirmed may be revoked or annulled if the court decides either on application by any interested party or of its own motion on the following grounds
(a) that the proceedings to obtain the grant were defective in substance;
(b) that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;
(c) that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant; or
(d) failure by the administrator to diligently administer the estate.
10. This section is clear and unambiguous. A court will revoke a grant where it is proven that its procurement was tainted with fraud or material concealment. As was stated in Albert Imbuga Kisigwa v Recho Kavai Kisigwa, Succession Cause No.158 of 2000:
"Power to revoke a grant is a discretionary power that must be exercised judiciously and only on sound grounds. It is not discretion to be exercised whimsically or capriciously. There must be evidence of wrong doing for the court to invoke section 76 and order to revoke or annul a grant. And when a court is called upon to exercise this discretion, it must take into account interests of all beneficiaries entitled to the deceased's estate and ensure that the action taken will be for the interest of justice."
17. However, this discretion is judicial and must be exercised on sound grounds. It is not to be exercised whimsically or capriciously. The Applicant bears the burden of proof on a balance of probabilities. The interests of all beneficiaries are a key consideration.
18. The Objectors' primary complaint is that the Petitioner fraudulently concealed the existence of other children of the deceased. This is an allegation of fact that must be examined in light of the evidence.
19. I have perused the Petition for Letters of Administration Intestate and the supporting affidavit filed by the Petitioner. The Petitioner listed himself as the sole survivor and beneficiary. The evidence before me including the unchallenged testimonies captured in the Land Registrar's Report unequivocally confirms that the deceased had several other children including:
a. Japheth Agola Osewe: The 1st Objector, Paul Omondi Osewe is his son. It is noted in the Land Registrar's report that the original title deed was in his possession until his death in 2012.
b. Elisha Owino Agola: The 2nd Objector, Florence Juma Owino is his widow. She has lived on the suit property since 1966.
c. Joram Odhiambo Agola: The 3rd Objector, Janet Shishali Makuti is his widow.
20. The Petitioner argues that the 3rd Objector was not a biological son but this does not diminish the fact that he was a known child of the deceased and a beneficiary. This fact was not disclosed to the court when the grant was sought.
21. The concealment of these material facts is not a technicality. As was held In re Estate of Jimmy Elishama Nandwa (Deceased) [2025] KEHC 13362 (KLR), failure to disclose all dependants and assets renders the proceedings defective. The court stated
"From the evidence, not only did the Petitioner omit the dependants of the deceased from the second and third house, she also failed to file a full inventory of the assets of the deceased. In the circumstances, the proceedings to obtain the grant were defective.
22. The Certificate of Confirmation of Grant dated 26th September 2008 awarded the "WHOLE" of the suit property to the Petitioner. This was done in the complete absence of other direct children and their families who as the Land Registrar's Report confirms have been in occupation of the property for decades.
23. The Petitioner's reliance on his proposed mode of distribution is in my view an admission of the very concealment he is accused of. It is an attempt to rectify ex post facto what should have been done at the time of filing the petition. This confirms that the process leading to the grant was defective and that the grant was obtained by the concealment of material facts. As was held in Bett v Kimetto & 3 others [2025] KEHC 11369 (KLR), where a grant is obtained based on incorrect information and non-disclosure of material facts, the proceedings are defective in substance and the same should be annulled and revoked accordingly.
24. The Petitioner has argued that the Objectors are not beneficiaries. This is not a valid argument as Section 76 allows any interested party to apply for revocation. As established in Musa Nyaribari Gekone & 2 Others v Peter Miyienda & Another (2015) eKLR, the term "interested party" is wide enough to include any person with a right or expectancy in the estate. The Objectors, as the widow and descendants of the deceased's children have a clear expectancy in the estate and thus have the standing to bring this application.
25. The Land Registrar's Report is a crucial piece of evidence in this matter. It paints a clear picture of the status quo:
a. The total acreage is confirmed at 27.5 Ha.
b. The deceased's family, including the Objectors are in actual occupation of the property.
c. The Petitioner is not in occupation of the suit property.
26. The report also confirms that the suit property L.R. No. NORTH SAKWA/MARANDA/1426 is registered in the names of the deceased Jectone Orua Raongo and Joyce Auma Otieno, in equal shares. This means that only 1/3 of the suit property (approximately 9.2 Ha or 23 acres) constitutes the estate of the deceased. This is a critical legal fact that must guide the final distribution.
27. The Petitioner's attempt to distribute the entire 68 acres as if it were the deceased's sole property is misleading and a misrepresentation of the law. Any distribution of the deceased's share must respect the rights of the co-proprietors.
28. Furthermore, I note that the sale or transfer of any part of the estate before the confirmation of the grant is prohibited under Sections 45 and 82 of the Law of Succession Act. In Khadoro v Alegwa [2025] KEHC 10710 (KLR), the court held:
"the sale of immovable property before the confirmation of the grant is expressly prohibited under section 82 of the Law of succession Act."
28. Based on the foregoing analysis, I find that the Objectors/Applicants have successfully established that the Grant of Letters of Administration Intestate and the Certificate of Confirmation of Grant issued in Succession Cause No. 342 of 2006 were obtained fraudulently by the making of false statements and the concealment of material facts from the court. The proceedings were consequently defective in substance. The Petitioner, Ambrose Nyapada failed to disclose the existence of other children of the deceased. This failure goes to the root of the grant and effectively disinherited the other beneficiaries. The subsequent actions of the Petitioner including the attempt to redistribute the estate do not cure the fundamental defects in the proceedings that led to the grant. The Land Registrar's Report has now provided the court with an accurate picture of the property and its occupation which will be valuable for the proper administration of the estate. Consequently, the Objectors' application dated 1/8/2023 is allowed in the following terms:
a. The Grant of Letters of Administration Intestate issued to Ambrose Nyapada in Succession Cause No. 342 of 2006 on 18th September 2006 is hereby revoked.
b. The Certificate of Confirmation of Grant issued to Ambrose Nyapada in the said cause on 26th September 2008 is hereby cancelled.
c. Consequent upon the revocation, the registration of L.R. No. NORTH SAKWA/MARANDA/1426 in the name of AMBROSE NYAPADA AGOLA to the extent of a 1/3 share is hereby cancelled and that the same shall revert in the name of the deceased Alfred Agola Nyapada and that the Land Registrar Bondo is directed to rectify the register to reflect that the 1/3 share of the property is part of the estate of the deceased Alfred Agola Nyapada.
d. The estate of the deceased comprising a 1/3 share of L.R. No. NORTH SAKWA/MARANDA/1426 and any other identified properties, is to be distributed among all the beneficiaries and that the initial distribution sho
[...truncated]
I. Spent.
II. THAT an interim order of injunction do issue restraining the Petitioner/Respondent herein, either by himself, his servants and/or agents or anyone whomsoever claiming title or acting on their behalf from trespassing on, subdividing or doing any act on land parcel known as LR No. NORTH SAKWA/MARANDA/1426 pending the hearing and determination of this application interpartes.
III. THAT this Honorable Court do issue conservatory orders restraining the Petitioner/Respondent and/or administrators, agents, servants and/or assignees from interfering and/or intermeddling with the estate of the deceased and especially LR No. NORTH SAKWA/MARANDA/1426 pending the hearing and determination of this succession proceeding;
IV. THAT the registration of title number LR. NORTH SAKWA/MARANDA/1426 currently under the Respondent be canceled and the same do revert back to the deceased ALFRED AGOLA NYAPADA.
V. THAT the Certificate of Confirmation of a Grant of the estate of ALFRED AGOLA NYAPADA issued to AMBROSE NYAPADA on the 26th September 2008 in this cause be revoked.
VI. THAT the cost be on the cause.
2. The application is supported by grounds set out thereunder and by the supporting affidavit of the 1st, 2nd and 3rd Objectors/Applicants dated 11th July 2023 wherein they deposed as follows:
3. Paul Omondi Sewe, the 1st Applicant herein deposes inter-alia ; that he was the grandson of the late Alfred Agola Nyapada who was the registered proprietor of the suit properties herein; that his late father, Japheth Agola Osewe was the deceased’s son which made his siblings and him direct beneficiaries of the deceased’s estate; that his late father died on 12th August 2012 six years after the Petitioner/Respondent had filed for the Grant of letters of Administration and attached a copy of the death certificate marked as POO-1; that the Petitioner/Respondent was the son of the late Alfred Agola Nyapada and his paternal uncle making him one of the rightful beneficiaries of the deceased's estate; that the suit land LR No. North Sakwa/Maranda/1426 was first registered in favor of the deceased the late Alfred Agola Nyapada and attached a copy of the green card certificate marked as POO-2; that the Petitioner/Respondent had misrepresented facts to the area chief and before the honorable court as the sole beneficiary of the deceased's estate omitting other beneficiaries; that the information shared with the Chief was rectified by the Office of the Chief West Sakwa Location via a letter dated 7th July 2023 confirming the rightful beneficiaries of the estate as per the attached annexure marked as POO-3; that after being issued with the Certificate of Confirmation of Grant of Letters of Administration dated 26th September 2006 as the sole beneficiary, the Petitioner transferred all of the deceased's estate into his own name as per the attached copy of the certificate marked as POO-4; that he knew of his own knowledge that the Petitioner had transferred 1 / 3 of the property into his own name under entry number seven dated 23rd June 2023 as per the attached search certificate dated 10th July 2023 marked as POO-5; that the Petitioner/Respondent was threatening to evict them from LR No. North Sakwa/Maranda/1426 forgetting that the deponent and the other Objectors/Applicants had established their homes and utilized the suit property for over thirty years; that the Petitioner did not and should not have an interest in that particular suit property because before the demise of his grandfather, the Petitioner was settled on LR No. North Sakwa/Maranda/949 which he was utilizing in its entirety peacefully as per the attached search certificate dated 11th July 2023 marked as POO-6; that he knew of his own knowledge that the Petitioner obtained the Grant of Letters of Administration based on fraudulent concealment and misrepresentation of material facts as follows: He misrepresented himself as the only surviving beneficiary of the deceased's estate even though his late brother (the deponent’s father) was alive at the time and his aunties (the daughters-in-law of the deceased and 2nd and 3rd Objectors/Applicants) were present. He fraudulently concealed from the court and the initiating chief that he had obtained consent from other beneficiaries when he had not and he failed to disclose to the court that the deceased had a total of nine children at the time the succession was conducted; that they prayed that the Grant of Letters of Administration issued to Ambrose Nyapada Agola be revoked and reissued in the names of the three Objectors/Applicants; that they were desirous of an interim order of injunction restraining Ambrose Nyapada Agola by himself, his servants, agents or anyone claiming title through him from remaining in, occupying, trespassing on, subdividing or doing any act on land parcel LR No. North Sakwa/Maranda/1426 pending the inter partes hearing and determination of the application; that they were desirous that 1 / 3 of land parcel LR No. North Sakwa/Maranda/1426 be registered in the names of the three Objectors/Applicants; that unless the court intervened and issued a temporary injunction, they would incur serious, irreparable damage and losses that could not be compensated; that if the application is not allowed, the Petitioner would be enabled to complete his well-crafted fraud resulting in the disinheritance of the Objectors and other beneficiaries/heirs.
4. Florence Juma Owino , the 2nd Applicant herein deposes interalia; that she is the daughter-in-law of the late Alfred Agola Nyapada who was the first registered proprietor of the suit properties herein; that she is the widow of Elisha Owino Agolla who was the son of the late Alfred Agola Nyapada making her a beneficiary of the deceased's estate as per the attached copy of her late husband's death certificate marked as FJO-1; that her late husband left her with ten children who were grandchildren of the deceased; that before his demise, her late husband established their matrimonial home on the suit property and that she had resided on land parcel LR No. North Sakwa/Maranda/1426 for over forty years (since 1966); that the Petitioner/Respondent was her brother-in-law (blood brother to her late husband) and who was threatening to evict her, her children and the two co-Objectors; that she is aware that land parcel LR No. North Sakwa/Maranda/1426 was first registered in favor of her father-in-law, the late Alfred Agola Nyapada as per the attached copy of the green card certificate marked as FJO-2; that the Petitioner did not and should not have an interest in that suit property because before their father-in-law's demise, he was settled on LR No. North Sakwa/Maranda/949 which he was utilizing completely and peacefully as per the attached search certificate dated 11th July 2023 marked as FJO-3; that the Petitioner/Respondent had misrepresented facts to the area chief and before the court as the sole beneficiary of the deceased's estate to the exclusion of other beneficiaries; that the information given to the Chief was rectified by the Office of the Chief West Sakwa Location via a letter dated 7th July 2023 confirming the rightful beneficiaries as per annexure marked as FJO-4; that upon receiving the Certificate of Confirmation of Grant dated 26th September 2006, the Petitioner transferred all the deceased's properties in his favor as per the attached copy of the certificate marked as FJO-5; that they realized the Petitioner/Respondent had registered the suit land in his name and two other owners who were deceased and whose letters of administration had not been obtained; that the family of the late Alfred Agola Nyapada was entitled to a 1 / 3 share of the land which ought to be allocated to her and the two co-Objectors as it had been allocated to them by their father-in-law prior to his demise as per the attached search certificate dated 10th July 2023 marked as FJO-6; that she knew of her own knowledge that the Petitioner obtained the Grant of Letters of Administration based on fraudulent concealment and misrepresentation of material facts as follows: He misrepresented himself as the only surviving beneficiary of the deceased's estate even though she as the widow of his younger brother was available and had never remarried after her husband's death. He fraudulently concealed from the court and the chief that he had obtained consent from other beneficiaries when he had not. He failed to disclose to the court that the deceased had a total of ten children at the time succession was conducted.; that they prayed that the Grant of Letters of Administration issued to Ambrose Nyapada Agola be revoked and issued in the names of the three Objectors/Applicants; that they were desirous of an interim order of injunction restraining Ambrose Nyapada Agola, by himself, his servants, agents or anyone claiming title through him, from remaining in, occupying, trespassing on, subdividing or doing any act on land parcel LR No. North Sakwa/Maranda/1426 pending the inter partes hearing and determination; that they were desirous that the 1 / 3 share of LR No. North Sakwa/Maranda/1426 be registered in the names of the three Objectors/Applicants; that unless the court issued a temporary injunction, they would incur serious losses and irreparable damage that could not be compensated; that if the application were not allowed, the Petitioner would complete his well-crafted fraud resulting in the disinheritance of the Objectors and other beneficiaries/heir.
5. The 3rd Objector, Janet Shishali Makuti averred interalia that; that she and her two co-wives were daughters-in-law of the late Alfred Agola Nyapada who was the first registered proprietor of the suit properties; that she and her two co-wives were widows of the late Joram Odhiambo Agola son of the late Alfred Agola Nyapada making them beneficiaries of the deceased's estate as per the attached copy of Joram Odhiambo Agola's death certificate marked as JSM-1; that before his demise, her late husband established their matrimonial home on the suit property and she together with her two co-wives had resided on land parcel LR No. North Sakwa/Maranda/1426 for over thirty-five years; that the Petitioner/Respondent was her brother-in-law (blood brother to her late husband) and was threatening to evict them, her children and the two co-Objectors; that the Petitioner did not and should not have an interest in the suit property because prior to their father-in-law's demise, he was settled on LR No. North Sakwa/Maranda/949 which he was utilizing fully and peacefully attaching a search certificate dated 11th July 2023 marked as JSM-2; that she was aware that land parcel LR No. North Sakwa/Maranda/1426 was first registered in favor of their father-in-law, the late Alfred Agola Nyapada as per the attached copy of the green card certificate marked as JSM-3; that the Petitioner/Respondent had misrepresented facts to the area chief and before the court as the sole beneficiary of the deceased's estate omitting other beneficiaries; that the information provided to the Chief was rectified by the Office of the Chief West Sakwa Location via a letter dated 7th July 2023 confirming the rightful beneficiaries as per annexure marked as JSM-4; that upon obtaining the Certificate of Confirmation of Grant dated 26th September 2006, the Petitioner transferred a 1 / 3 share of the deceased's properties into his favor as per the attached copy of the certificate marked as JSM-5; that they realized the Petitioner/Respondent had registered 1 / 3 of the suit land in his name as the sole beneficiary despite her and the two co-Objectors dwelling on and utilizing the land for over forty years as per the attached search certificate dated 10th July 2023 marked as JSM-6; that she knew of her own knowledge that the Petitioner obtained the Grant of Letters of Administration based on fraudulent concealment and misrepresentation of material facts as follows: He misrepresented himself as the only surviving beneficiary of the deceased's estate even though her late husband was still alive at the time the grant was obtained. He fraudulently concealed from the court and the chief that he had obtained consent from other beneficiaries when he had not. He failed to disclose to the court that the deceased had a total of nine children at the time succession was conducted; that they prayed that the Grant of Letters of Administration issued to Ambrose Nyapada Agola be revoked and issued in the names of the three Objectors/Applicants; that they are desirous of an interim order of injunction restraining Ambrose Nyapada Okelo, by himself, his servants, agents or anyone claiming title through him, from remaining in, occupying, trespassing on, subdividing or doing any act on land parcel LR No. North Sakwa/Maranda/1426 pending the inter partes hearing and determination; that they are desirous that land parcel LR No. North Sakwa/Maranda/1426 be registered in the names of the three Objectors/Applicants; that unless the court intervened and issued a temporary injunction, they would incur serious losses and irreparable damage that could not be compensated; that if the application were not allowed, the Petitioner would be assisted in completing his well-crafted fraud leading to the disinheritance of the Objectors and other beneficiaries/heirs.
6. The Petitioner/ Respondent, Ambore Nyapada opposed the summons for revocation by way of a replying affidavit sworn on 4th October 2023 wherein he contends interalia; that the Grant of Letters of Administration Intestate was issued to him on the 18th day of September 2006 and attached a copy of the said Grant marked ANA1 and a copy of the Certificate of Confirmation of Grant marked ANA2; that the assets of the late Alfred Agola Nyapada, to whose estate those proceedings related, were erroneously recorded and not properly distributed in the said Grant of Letters of Administration and therefore should be rectified to reflect the correct distribution in tandem with the allocation done by the deceased before his demise as follows:
i. LR No. North Sakwa/Maranda/1426
-Ambrose Nyapada Agola – 10.67 Acres
-Paul Omondi Osewe (Osewe Agola's family) – 10.67 Acres
-Mrs. Florence Juma (Owino Agola's family) – 10.67 Acres
-Odhiambo Agola's family – 4.0 Acres
-Jeckton Oruo Raongo's family – 1 / 3 portion
- Joyce Auma Otieno's family – 1 / 3 portion
ii. North Sakwa/Maranda/943
-Paul Omondi Osewe (Osewe Agola's family) – 2 Acres
iii. North Sakwa/Maranda/949
-Ambrose Nyapada Agola – 6 Acres
iv. Land Parcel Number ...... (to be disclosed by the respective owners)
-Odhiambo Agola's family – 4 Acres
-Odhiambo Agola's mother – 4 Acres
-Osewe Agola's family – 4 Acres
-Owino Agola's family – 4 Acres
- Odende Nyapada's family (brother to the late Alfred Agola Nyapada) – 5 Acres
- Ambrose Nyapada Agola – 4 Acres
v. Land Parcel No. 37 (Alfred Agola Nyapada - Deceased)
-20.8 Acres
- that the late Odhiambo Agola sold all the aforementioned parcels of land under items (ii), (iii), (v), and (vi).
vi. Mamboleo, Kisumu Parcel (16 Acres)
-Osewe Agola family (Paul Omondi Osewe)
; that by a letter dated 6th June 2023, his Advocates proposed to the Applicants to distribute the assets but in vain as the said letter did not elicit any response as per attached bundle of copies of the documents of ownership, Shares Certificate, Title Deed and/or Search Certificates marked ANA; that upon receipt of the said letter dated 6th June 2023, the 1st Applicant/Objector caused the Chief of West Sakwa Location to convene a meeting regarding the matter in which meeting the deponent indicated that the matter was already in court and beyond the jurisdiction of the Administrative Chief; that in the foregoing circumstances, the averments in paragraphs 7, 10 and 13 were denied in toto as they were false; that contrary to paragraphs 13 and 14 of the supporting affidavits, he fully disclosed the beneficiaries of the estate by the affidavit dated and sworn on 8th May 2006 and filed on 28th May 2006, a copy of which was attached and marked ANA4; that contrary to paragraph 12 of the supporting affidavit of Paul Omondi parcel number North Sakwa/Maranda/949 was a gift from his late father granted inter vivos before his demise and therefore he merited a portion of LR No. North Sakwa/Maranda/1426 as parcel number 949 was small and not subject to succession therein as per the attached copy of the Green Card for Land Parcel Number North Sakwa/Maranda/949 marked ANA5;
7. At the close of pleadings and upon receipt of the joint Land Registrar and Surveyor’s Verification Report, directions were issued for the parties to file written submissions. The Court notes on record that as at the date of writing and delivering this ruling, the Objectors/Applicants had not filed written submissions despite directions to that effect.
8. Counsel for the Petitioner/Respondent submitted that the Petitioner/Respondent was the son of the deceased, Alfred Agola Nyapada. They noted that the 1st Objector/Applicant was the son of Asewe Agola (deceased) who was also the son of Alfred Agola Nyapada. Counsel stated that the 2nd Objector/Applicant, Florence Juma Owino was the wife of Elisha Owino who was the last born in the Agola family and was also deceased. They further stated that the 3rd Objector/Applicant was the wife of Odhiambo Agola who was not a biological son of Alfred Agola Nyapada.
9. They submitted that while Alfred Agola Nyapada had several parcels of land, the parcel subject to distribution at that time was parcel number North Sakwa/Maranda/1426 which was registered in the names of three people, namely Alfred Agola Nyapada, Jectone Orua Rahongo and Joyce Auma Otieno. They stated that the total acreage of the parcel was 67 acres.
10. Counsel informed the court that the Bondo/Rarieda/Usigu Sub-County Land Registrar and the Surveyor had visited the parcel pursuant to a court order dated 27 th November 2025 to determine the boundary and ascertain the acreage of the subject parcel. They noted that the exercise had taken three days, specifically the 14th, 15th, and 24th of May 2026.
11. They stated that the Registrar's report confirmed the entire parcel was 27.5 Hectares translating to 67.95 acres. They added that the Registrar had stated the parcel was currently registered in the names of Ambrose Nyapada Agola (Petitioner/Respondent), Jectone Orua Raongo and Joyce Auma Otieno, but contended that she had erroneously stated that each of the three held a 1/3 undivided share. Counsel submitted that the share belonging to the Estate of the deceased, Alfred Agola Nyapada on the parcel was 18.3 Ha (translating to 36 acres). They annexed a copy of the title deed confirming the acreage without indicating a 1/3 share as well as a payment receipt made by the Petitioner/Respondent on 25th November 2008 to establish the boundary for North Sakwa/Maranda/1426 for 18.3 Ha. They submitted that any suggestion to the contrary was misleading to the court.
12. Having established the acreage, counsel submitted that the parcel of land should be distributed as follows:
LR No. North Sakwa/Maranda/1426
a. Ambrose Nyapada Agola – 10.67 Acres
b. Paul Omondi Osewe (Osewe Agola's family) – 10.67 Acres
c. Mrs. Florence Juma (Owino Agola's family) – 10.67 Acres
d. Odhiambo Agola's family – 4.0 Acres
e. The Homestead of the late Alfred Agola Nyapada – 1.4 Acres
13. Counsel submitted that the rationale for the proposed mode of distribution was that the Petitioner/Respondent, Ambrose Nyapada Agola was the son of the deceased Alfred Agola Nyapada and could not be shut out when distributing his father's estate. Secondly, counsel submitted that land parcel numbers North Sakwa/Maranda/943 and North Sakwa/Maranda/949 were not subject of distribution in those proceedings as they were gifts given inter vivos to the father of the 1st Objector (Paul Omondi) and the Petitioner (Ambrose Nyapada), respectively. Thirdly, they submitted that the Petitioner/Respondent had over 26 children, grandchildren and other dependants who were looking forward to receiving their shares through his allocation. They noted that the 1st Objector's father had sired five children including the 1st Objector and that the 2nd Objector had a large family consisting of three sons and five daughters which informed their proposal.
14. Regarding the 3rd Objector's late husband Odhiambo Agola, counsel submitted that he had sold his four acres as well as another four acres given to him and his late mother (Florence Agero) by the Petitioner's father in Kitale. They added that he had also sold two acres belonging to the Petitioner, two acres belonging to the 1st Objector's father and two acres belonging to Elisha Owino.
15. I have carefully considered the Summons for Revocation, the supporting affidavits, the replying affidavit, the written submissions tendered, the Land Registrar's Report, the Surveyor's Report and the relevant exhibits. The core issue for determination is whether the Objectors/Applicants have made out a case for the revocation of the grant under Section 76 of the Law of Succession Act, Cap 160.
16. The law governing revocation of grants is well-settled. Section 76 of the Law of Succession Act provides that a grant of representation, whether or not confirmed may be revoked or annulled if the court decides either on application by any interested party or of its own motion on the following grounds
(a) that the proceedings to obtain the grant were defective in substance;
(b) that the grant was obtained fraudulently by the making of a false statement or by the concealment from the court of something material to the case;
(c) that the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant; or
(d) failure by the administrator to diligently administer the estate.
10. This section is clear and unambiguous. A court will revoke a grant where it is proven that its procurement was tainted with fraud or material concealment. As was stated in Albert Imbuga Kisigwa v Recho Kavai Kisigwa, Succession Cause No.158 of 2000:
"Power to revoke a grant is a discretionary power that must be exercised judiciously and only on sound grounds. It is not discretion to be exercised whimsically or capriciously. There must be evidence of wrong doing for the court to invoke section 76 and order to revoke or annul a grant. And when a court is called upon to exercise this discretion, it must take into account interests of all beneficiaries entitled to the deceased's estate and ensure that the action taken will be for the interest of justice."
17. However, this discretion is judicial and must be exercised on sound grounds. It is not to be exercised whimsically or capriciously. The Applicant bears the burden of proof on a balance of probabilities. The interests of all beneficiaries are a key consideration.
18. The Objectors' primary complaint is that the Petitioner fraudulently concealed the existence of other children of the deceased. This is an allegation of fact that must be examined in light of the evidence.
19. I have perused the Petition for Letters of Administration Intestate and the supporting affidavit filed by the Petitioner. The Petitioner listed himself as the sole survivor and beneficiary. The evidence before me including the unchallenged testimonies captured in the Land Registrar's Report unequivocally confirms that the deceased had several other children including:
a. Japheth Agola Osewe: The 1st Objector, Paul Omondi Osewe is his son. It is noted in the Land Registrar's report that the original title deed was in his possession until his death in 2012.
b. Elisha Owino Agola: The 2nd Objector, Florence Juma Owino is his widow. She has lived on the suit property since 1966.
c. Joram Odhiambo Agola: The 3rd Objector, Janet Shishali Makuti is his widow.
20. The Petitioner argues that the 3rd Objector was not a biological son but this does not diminish the fact that he was a known child of the deceased and a beneficiary. This fact was not disclosed to the court when the grant was sought.
21. The concealment of these material facts is not a technicality. As was held In re Estate of Jimmy Elishama Nandwa (Deceased) [2025] KEHC 13362 (KLR), failure to disclose all dependants and assets renders the proceedings defective. The court stated
"From the evidence, not only did the Petitioner omit the dependants of the deceased from the second and third house, she also failed to file a full inventory of the assets of the deceased. In the circumstances, the proceedings to obtain the grant were defective.
22. The Certificate of Confirmation of Grant dated 26th September 2008 awarded the "WHOLE" of the suit property to the Petitioner. This was done in the complete absence of other direct children and their families who as the Land Registrar's Report confirms have been in occupation of the property for decades.
23. The Petitioner's reliance on his proposed mode of distribution is in my view an admission of the very concealment he is accused of. It is an attempt to rectify ex post facto what should have been done at the time of filing the petition. This confirms that the process leading to the grant was defective and that the grant was obtained by the concealment of material facts. As was held in Bett v Kimetto & 3 others [2025] KEHC 11369 (KLR), where a grant is obtained based on incorrect information and non-disclosure of material facts, the proceedings are defective in substance and the same should be annulled and revoked accordingly.
24. The Petitioner has argued that the Objectors are not beneficiaries. This is not a valid argument as Section 76 allows any interested party to apply for revocation. As established in Musa Nyaribari Gekone & 2 Others v Peter Miyienda & Another (2015) eKLR, the term "interested party" is wide enough to include any person with a right or expectancy in the estate. The Objectors, as the widow and descendants of the deceased's children have a clear expectancy in the estate and thus have the standing to bring this application.
25. The Land Registrar's Report is a crucial piece of evidence in this matter. It paints a clear picture of the status quo:
a. The total acreage is confirmed at 27.5 Ha.
b. The deceased's family, including the Objectors are in actual occupation of the property.
c. The Petitioner is not in occupation of the suit property.
26. The report also confirms that the suit property L.R. No. NORTH SAKWA/MARANDA/1426 is registered in the names of the deceased Jectone Orua Raongo and Joyce Auma Otieno, in equal shares. This means that only 1/3 of the suit property (approximately 9.2 Ha or 23 acres) constitutes the estate of the deceased. This is a critical legal fact that must guide the final distribution.
27. The Petitioner's attempt to distribute the entire 68 acres as if it were the deceased's sole property is misleading and a misrepresentation of the law. Any distribution of the deceased's share must respect the rights of the co-proprietors.
28. Furthermore, I note that the sale or transfer of any part of the estate before the confirmation of the grant is prohibited under Sections 45 and 82 of the Law of Succession Act. In Khadoro v Alegwa [2025] KEHC 10710 (KLR), the court held:
"the sale of immovable property before the confirmation of the grant is expressly prohibited under section 82 of the Law of succession Act."
28. Based on the foregoing analysis, I find that the Objectors/Applicants have successfully established that the Grant of Letters of Administration Intestate and the Certificate of Confirmation of Grant issued in Succession Cause No. 342 of 2006 were obtained fraudulently by the making of false statements and the concealment of material facts from the court. The proceedings were consequently defective in substance. The Petitioner, Ambrose Nyapada failed to disclose the existence of other children of the deceased. This failure goes to the root of the grant and effectively disinherited the other beneficiaries. The subsequent actions of the Petitioner including the attempt to redistribute the estate do not cure the fundamental defects in the proceedings that led to the grant. The Land Registrar's Report has now provided the court with an accurate picture of the property and its occupation which will be valuable for the proper administration of the estate. Consequently, the Objectors' application dated 1/8/2023 is allowed in the following terms:
a. The Grant of Letters of Administration Intestate issued to Ambrose Nyapada in Succession Cause No. 342 of 2006 on 18th September 2006 is hereby revoked.
b. The Certificate of Confirmation of Grant issued to Ambrose Nyapada in the said cause on 26th September 2008 is hereby cancelled.
c. Consequent upon the revocation, the registration of L.R. No. NORTH SAKWA/MARANDA/1426 in the name of AMBROSE NYAPADA AGOLA to the extent of a 1/3 share is hereby cancelled and that the same shall revert in the name of the deceased Alfred Agola Nyapada and that the Land Registrar Bondo is directed to rectify the register to reflect that the 1/3 share of the property is part of the estate of the deceased Alfred Agola Nyapada.
d. The estate of the deceased comprising a 1/3 share of L.R. No. NORTH SAKWA/MARANDA/1426 and any other identified properties, is to be distributed among all the beneficiaries and that the initial distribution sho
[...truncated]