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Charles Murithi Muthuri & 2 others v. Esther Karambu

(2007) JELR 103275 (CA)

Court of Appeal  •  Civil Appeal 341 of 2002  •  26 Oct 2007  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Philip Nyamu Waki

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling and order of the superior court, at Meru (Tuiyot, J) made on 15th October, 2001, in its Succession Cause No. 233 of 2000, wherein the learned Judge, in pertinent part, ordered that the estate of M’Mboroti M’Impwi, consisting of a parcel of land No. Ntima/Ntakira/473, be divided into two equal parts as follows:

“The petitioner and the 1st and 2nd objectors’ mother Esther Kathure should share the deceased’s estate equally so that each in turn will have her share with her children if she wishes.”

The appellants were aggrieved and hence this appeal. Five grounds of appeal have been proffered, namely:

“(1) That the learned Judge erred in law and facts in distributing the estate of the deceased without any clear evidence before him which rendered him to misdirect (sic) the facts and the law.

2. That the learned Judge erred in law and facts by making a person who was not a party to the proceedings and not interested an administrator in the i…

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