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MARGARET WACHEKE MUTUOTA V. JANE WANJURU WATORO & 4 OTHERS

(2012) JELR 99299 (CA)

Court of Appeal  •  Civil Appeal 22 of 2008  •  5 Jul 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Roselyn Naliaka Nambuye

Judgement

JUDGMENT OF THE COURT

The proceedings in this appeal stem from Nyeri High Court Succession Cause No.2 of 1993,relating to the estate of Mutuota Muchui who died on the 20th day of May, 1992 at Kiambutha village. Form P&A filed enumerated the following as the dependants and or beneficiaries:-

(a) Jane Wanjiru Watoro- daughter petitioner.

(b)Priscilla MuthoniThiongo- daughter.

(c) Hannah Wachuka Watoro- daughter

(d)Cecilia Mboo Muriithi-daughter.

(e)Mary Njeri Kihingo- daughter.

(f)Margaret Wacheke Mukuria-daughter.

The proceedings culminated in the issuance of a grant of representation to Priscilla Muthoni and Margaret Wacheke Mutuota dated 17th April, 1977. Subsequent to the issuance of the grant of representation, an application for confirmation was filed on a date not legible but was filed in March, 1999. The supporting affidavit in support of the application for confirmation gave the mode of distribution being that of equal distribution but with the first two daughters getting a slightly bi…

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