IN THE COURT OF APPEAL AT NAIROBI
(Coram: Madan , Kneller and Nyarangi JJA)
CIVIL APPEAL NO 71 OF 1984
Between
MARY NJOKI ................................................................APPELLANT
AND
JOHN KINYANJUI MUTHERU...........................1ST RESPONDENT
GABRIEL KAIRA MUTHERU.............................2ND RESPONDENT
MUMBI MUTHERU.............................................3RD RESPONDENT
WAMBUI MUTHERU..........................................4TH RESPONDENT
(Appeal from the High Court at Nairobi, Sachdeva J)
JUDGMEMT
February 25, 1985, Madan JA delivered the following Judgment.
The first named four respondents (plaintiffs) filed a summons naming the appellant, Mary Njoki, and the fifth respondent the Public Trustee as defendants for orders to permit the intended administrator the Public Trusteee to apply for grant of letters of administration alone to the estate of Peter Gachukia deceased who died intestate on January 2, 1974 to the exclusion of Mary Njoki named as the deceased’s widow …