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Joseph Shisundi Likhanga v. Ferdinand Lisutsa Shibuku & Mary Goreti Ingaso

(2019) JELR 100584 (CA)

Court of Appeal  •  Civil Appeal 32 of 2016  •  27 Jun 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] The appellant is the son of Clement Likhanga Shumila who died on 8th November 1992 (deceased). He left two other surviving sons, Nicholas Lichoti Likhanga (Nicholas) and Charles Mutsotso Likhanga. The estate of the deceased comprises of one parcel of land Isukha/Mukhonje/2 measuring 0.9 Hectares. On 14th December, 2005, the High Court granted letters of administration intestate to the appellant in Kakamega High Court Succession Cause No. 562 of 2004. On 9th November, 2006, the appellant applied for confirmation of the grant. By then Nicholas had died. On 6th April 2010, the Grant was confirmed and the land was distributed to the appellant and Charles Mutsotso Likhanga; the appellant to inherit 0.48 HA and the latter 0.39HA. The appellant and Charles Mutsotso were registered as proprietors on 13th May, 2010.

[2] On 16th May, 2011, Ferdinand Lisutsa Shibuku and Mary Goreti Ingaso, the respondents herein each lodged a caution against the title each claiming a purcha…

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