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Josephine Wambui Wanyoike v. Margaret WanjiraKamau & Mercy Njeri Wanyoike

(2013) JELR 100552 (CA)

Court of Appeal  •  Civil Appeal 279 of 2003  •  26 Jul 2013  •  Kenya

Coram
Wanjiru Karanja, Daniel Kiio Musinga, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

A Grant of Letters of Administration Intestate in respect of the Estate of the late Wainaina Wanyoike was issued to Josephine Wambui Wanyoike, Margaret Wanjira Kamau and Mercy Njeri Wanyoike jointly by the Resident Magistrate’s court Thika after a full trial.

By a Certificate of Confirmation of the said Grant dated 27th January 1994, the deceased’s two parcels of land were to be shared equally amongst the three administratrices. Apparently, nothing seems to have happened until sometime in March 1997 when according to the appellant, some surveyors went to the properties and started sub-dividing them. This prompted her to go back to Thika Magistrates’ court where her advocates, Kiania Njau and Co. Advocates filed the application dated 20th August 1997, seeking to set aside the order confirming the grant and also asking that any acts done pursuant to the said order be vacated to enable the application for distribution to be heard inter-partes. That application was pre…

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