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Bena Nafula Makana,Electine Adhiambo Oduori & Anyango Wabomba v. Nyaoro Akoth Muka Crescentia,Ephrem Sande Muka,Eugene Wesonga Muka,Ferdinand Okello Muka,Vincent Opiyo Muka,Chrispinus Odongo Muka,Kizito Ochieng Muka,Benjamin Wabwire Muka & Francis Owase Muka

(2019) JELR 105586 (CA)

Court of Appeal  •  Civil Appeal 70 of 2015  •  21 May 2019  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal from the High Court (F. Tuiyot, J.) dated 12th February, 2015, dismissing an application by the appellants in this appeal for revocation of a Grant of letters of administration intestate issued to Nyaoro Akoth Muka Crescentia on 4th June, 2002.

[2] The 1st appellant is a widow of Gaitano Ekesa Makana (Gaitano) who died on 8th August, 1984. Gaitano had three wives – Mary Makana (deceased) who had three children, Jacob Muka Makana, Veronica Akoth (deceased) and Clara Mugeni. The second wife is the 1st appellant and has one daughter Electine Adhiambo Oduori (the 2nd appellant herein). His third wife was Trufena Nyangili (deceased) who had three children; Elizabeth, Anyango Wabomba (3rd appellant), and Michael Oduor Makana.

[3] On 1st October, 1968, Gaitano was registered as proprietor of land title No. Bukhayo/Malanga/211 comprising of 58 acres. On 8th June, 1974, Gaitano transferred the whole land to his son Jacob Muka Makana (Jacob) as a gift wh…

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