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Joseph Waitiki Ndegwa & another v. Duncan Nderitu Ndegwa & another

(2007) JELR 105154 (CA)

Court of Appeal  •  Civil Appeal 179 of 2002  •  9 Feb 2007  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji



The appellants are aggrieved by the ruling and order of the superior court, Mitey J. dated 1st November, 2001 revoking the grant of letters of administration issued to the appellants on 27th June, 2000 in respect of the estate of HANNAH MURUGI NDEGWA alias MIRUGI NDEGWA (deceased).

The deceased died on 14th October, 1995. She was the registered proprietor of land title No. THEGENGE/KARIA/332 comprising of approximately 1.17 Hectares. The deceased had seven sons and three daughters. Two of her sons and one daughter are deceased. In Nyeri H.C.C.C. No. 168 of 1991 Joseph Waitiki Ndegwa (first appellant) obtained a decree given on 2nd December, 1991 against the deceased, inter alia, that:

“That the defendant is a TRUSTEE in land parcel number THEGENGE/KARIA/332 holding it for and benefit of the plaintiff and the other brothers”.

On 7th March, 2001, the two respondents herein filed Nyeri High Court Succession Cause No. 71 of 2000 for the grant of letters of administration…

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