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Martha Gukiya Thui & another v. Kibugi Hingi & another

(2010) JELR 99278 (CA)

Court of Appeal  •  Civil Appeal 306 of 2004  •  24 Jun 2010  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the decision of the superior court (Okwengu J.) given on 25th July 2003, confirming the grant of letters of administration, intestate, issued to Kibugi Hingi, and Warega Hingi, for the estate of Wanuna Hingi alias Justus Wanuna who died on 21st May 1991. He was survived by two daughters, Martha Gukiya Thui, and Margaret Wangui Kingori, the appellants herein. Those who were issued with letters of administration, as aforesaid were the brothers of the deceased and they are the respondents in this appeal. The two and one Hannah Njeri Miguri, described in the petition for letters of administration as a sister in law of the deceased, also survived the deceased.In her judgment Okwengu J. in pertinent part, held as follows:“Both the protestors (the appellants herein) being married they would not be entitled to inherit the deceased’s land – whether bought by the deceased or family land. The deceased not having been survived by any sons or unmarried …

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