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Daniel Kirehu Murai v. Sammy Maina Kirehu, Eunice Gathoni Kirehu, Jacob Gachanja Kirehu, Lucy Njeri Kirehu, Eric Kariuki Wairimu, John Kirehu Joyce, Jude Wanjiku Wairimu, Martha Nyambura Maina, John Kirehu Maina, Naomi Wanjiku Maina, Esther Njeri Maina & Nancy Wahu Mwangi

(2019) JELR 102921 (CA)

Court of Appeal  •  Civil Appeal 130 of 2017  •  7 Jun 2019  •  Kenya

Coram
Daniel Kiio Musinga, James Otieno Odek, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The appellant, Daniel Kirehu Murai, filed the appeal herein against the judgment of Musyoka, J. delivered on 9th December 2016.

A brief background to this appeal is that the appellant applied for grant of letters of administration in respect of the estate of John Kirehu Kariithi in his capacity as the deceased’s grandson. Consequently, the letters of administration were issued to the appellant on 13th February, 2012.

On 23rd April, 2012, the 9th respondent (being the widow of the deceased) and the 1st, 3rd, 4th and 5th respondents, (being the deceased’s children) applied for revocation of the grant issued to the appellant on the grounds that:-

“i) the grant was obtained fraudulently by concealment from coart (sic) of material facts.

ii) The proceedings to obtain the Grant were defective in substance.

iii) The grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the Grant particularly that the respondent has any beneficial i…

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