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David Kithinji Mugambi v. Florence Imathiu,John Ndiritu Githua,Beatrice Kaari Gucera,Lydia Kuri Murerwa,Roselyne Nkirote Guchera,Mwongera Mugambi Rinturi & Festus Mugambi Guantai

(2015) JELR 102831 (CA)

Court of Appeal  •  Civil Appeal 29 of 2014  •  17 Jun 2015  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Introduction and Background

The Appellant David Kithinji Mugambi presented in the High Court of Kenya at Meru an application dated and filed on the 13th day of June, 2011 in Succession Cause number 213 of 1997 in the matter of the Estate of late Perminus Mugambi M’Rinturi (deceased), presented under section 81, 74 and 47 of the Law of Succession Act (cap 160 laws of Kenya) Rules 43 and 73 of the Probate and Administration Rules and any other enabling provisions of the law. It was directed at the surviving administratrix Florence Imathiu Mwongera whereas Mugambi Rinturi, Festus Guantai Mugambi and John Ndiritu Githua were cited as interested parties. The application substantively sought an order that the letters of administration issued to Florence Imathiu and Josphine Kaarika (deceased) be rectified and amended by replacing the said Josphine Kaarika (deceased) with the Appellant David Kithinji Mugambi as the second administrator.

The Application was based on the gro…

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