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Charles Muvisi Kyuli v. Ann Amanga Nthale & David Kyuli Kaindi

(2019) JELR 103269 (CA)

Court of Appeal  •  Civil Appeal 305 of 2017  •  27 Sep 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



This appeal relates to the estate of David Kyuli Kaindi, “deceased”. The appellant being one of the children of the deceased was appointed by the deceased as the executor of his will. The 1st respondent, Ann Amanga Nthale is a widow to and administrator of the estate of one of the deceased’s sons, namely John Nthale Kyuli, while the 2nd respondent is the son of both the 1st respondent and the late John Nthale Kyuli. He is therefore a grandson of the deceased. The grant of probate in respect of the estate of the deceased was made to the appellant and confirmed on 14th February, 2011. The respondents thereafter waited for the distribution of the estate in accordance with the Will by the appellant to no avail. On 7th February, 2014, they were compelled to take out an application seeking orders from the High Court to compel the appellant to complete the execution of the Will and render accounts regarding the status of the estate.

On 31st July, 2015, the High Court in i…

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