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CHEBET KIMUGAI V. MARGARET CHEPKIKOR CHARITO

(2015) JELR 97254 (CA)

Court of Appeal  •  Civil Application 111 of 2013 (Ur 187/2013)  •  26 May 2015  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

R U L I N G

By a Notice of Motion dated 13th May 2013 the applicant, has applied for time to be extended under Rule 4 of the Court of Appeal Rules 2010 within which to lodge and serve a record of appeal against a ruling of Karanja J.R., J delivered on 12th March 2013.

Briefly, the dispute relates to a grant of letters of administration to the respondent in respect of the estate of her late husband, Julius Charito Lopor (the deceased). The applicant contends that the grant of letters to the respondent was fraudulently obtained, and has applied for revocation or annulment of the grant. Specified as the only asset of the estate was the property known as Plot No. 288 West Pokot Siyoi comprising about 10 hectares, which the applicant contends belonged to her late father, and which was registered in the name of the deceased who was an adopted brother of the applicant and her eight sisters. The applicant’s main complaint is that they were excluded from the administration of the estate of their…

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