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Esther Karoki M'magiri v. Glory Kananu Magiri & Rosemary Karega Mwirigi

(2014) JELR 102357 (CA)

Court of Appeal  •  Civil Appeal 4 of 2013  •  26 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



[1] The dispute in this appeal sadly involves members of the same family. Esther Karoki M'Magiri, the appellant, is the biological mother of Glory Kananu Magiri and Rosemary Karega Mwirigi the 1st and 2nd respondents respectively. This is a sad reminder that family values that are anchored on peaceful co-existence, respect, care for one another and harmony are now replaced by conflict and strive driven by material gain or advantage. The dispute is over the distribution of the estate of the late Jamleck M'Magiri M'Mugwika, deceased who died intestate on 2nd September, 2005. The deceased was the appellant's husband and father of the respondents. He was survived by the appellant and six children two sons and four daughters.

[2] This unbidden persistence in litigation between mother and daughters would probably have rested at the High Court level had the learned Judge who confirmed the grant of letters of administration as per the appellant's proposal, disregarded the …

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