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Kenya Commercial Bank (suing as the administrator of the Estate of Paul Njoroge Muchene) v. Serah Njeri Muchene (sued on behalf and as the administratix of the Estate of Perminus Muchene Mwangi)

(2016) JELR 100097 (CA)

Court of Appeal  •  Civil Appeal 48 of 2008  •  2 Dec 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

[1] Paul Njoroge Muchene (deceased) died on 5th May, 1977. A grant of letters of administration of his estate was issued to Kenya Commercial Bank Ltd, on 10th April 1979, in High Court Succession Cause No. 99 of 1979. On 26th September, 2008, Kenya Commercial Bank Ltd (suing as the administrator of the estate of Paul Njoroge Muchene (deceased) filed a suit in the High Court against Serah Njeri Muchene on behalf of the estate of the deceased estate. The said suit was instituted by way of an originating summons that was seeking determination of the following questions:

1. Whether or not Land Parcel No. Kabete/Lower Kabete/566 was bought in or around 1962 by Paul Njoroge Muchene (deceased) and Perminus Muchene Mwangi (deceased) jointly from one Stephen Ngige in the ratio of 2.62 to 4 acres.

2. Whether or not the said Perminus Muchene Mwangi (deceased) had the whole of the land registered in his name on 22.6.1962 at the expense of Paul Njoroge Muchene’s (deceased’s) rig…

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