KENETH LITSWA ASEGA V. ALICE MUHONJA

JUDGEMENT OF THE COURT

1. This is an appeal from a ruling of the High Court (Chitembwe, J.) delivered on 15^th October 2014 revoking a grant of letters of administration and cancelling the appellant’s title to a parcel of land known as title number Kakamega/ Kegoye/643 that he had acquired on the strength of that grant.

Background

2. William Shambari, also known as William Sabali Chalenga (deceased) died on 2^nd July 1992. His widow, Zilipo Vuyigi Sabali, his son Samuel Madega Sabali, and three daughters, Grace Emabale, Alice Muhonja and Finike Embolani survived him. With the consent of all the beneficiaries, grant of letters of administration in respect of the estate of the deceased was issued to Samuel Madega Sabali (Samuel) by the Senior Resident Magistrate’s Court in Vihiga in 33Succession Cause No. 77 of 1999. It would appear from the record that the deceased had two assets, namely; Title number Kakamega/Kegoye/643 (the property) and Kakamega/Kegoye/644. In his application to the cour…