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Benson Mungai Nganga v. Eliud Chege Wallace

(2013) JELR 105733 (CA)

Court of Appeal  •  Civil Appeal 292 of 2003  •  15 Mar 2013  •  Kenya

Roselyn Naliaka Nambuye, Paul Kihara Kariuki, Sankale ole Kantai



This is an appeal from the judgment of the High Court of Kenya at Nairobi, (Etyang, J)( as he then was) made on 21st September 1999. The matter before the High Court resulted from objection proceedings taken out by the two objectors namely Benson Mungai Ng'ang'a and Manase Mbugua, against grant of Probate to the respondent in respect of the Estate of one Timau Kinyanjui Nganga (“the deceased”) who died on 20th July, 1993. The deceased was at the time of death unmarried and had no children. He had written a Will bequeathing his property to persons not including the objectors. Grant of Probate was objected to in accordance with the relevant provisions of the Law of Succession Act Chapter 160 Laws of Kenya. Various affidavits were filed whereupon a full hearing took place before Etyang, J who dismissed the objection and confirmed the Grant in favour of the respondent. This therefore provoked this appeal.

In the Memorandum of Appeal, the judgment of the High Court is c…

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