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Marvin Opiyo Ambala, Nancy Ambala & Auma Ambala v. Oduor Hawi Ambala & Ogola Kodhek Ambala

(2020) JELR 99246 (CA)

Court of Appeal  •  Civil Appeal (Application) 116 of 2016  •  9 Oct 2020  •  Kenya

Fatuma sichale, Agnes Kalekye Murgor, Stephen Gatembu Kairu



1. In its judgment delivered herein on 26th April 2018, the Court set aside a judgment of the High Court given on 29th June 2016 in Succession Cause No. 68 of 1986 relating to the estate of Aggrey Otieno Ambala, deceased, who died on 8th June 1985. In doing so, the Court restored a consent order made in the High Court on 3rd December 2004 on the basis of which the estate was to be distributed. The Court also revoked an order by the High Court cancelling transfers of estate properties known as L.R. No. 1160/286, 287 and 288 and further ordered revocation of all transactions relating to those properties and the respective sub-divisions and assents undertaken after the judgment of the High Court given on 29th June 2016.

2. Before us now are two applications seeking review of the judgment. The first application is dated 28th August 2018 (the first application) and is made by Marvin Opiyo Ambala, Nancy Ambala and Auma Ambala who are beneficiaries of the estate. In additio…

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