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Mary Nyacomba Kinaro v. Albert Mungana Philip

(2019) JELR 99233 (CA)

Court of Appeal  •  Civil Appeal 87 of 2017  •  19 Jun 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. In a ruling delivered in High Court Succession Cause No. 120 of 2015 on 28th September, 2017, the High Court at Malindi (Hon. W. Korir, J.) revoked the grant of letters of administration confirmed by the Court on 24th November, 2016 in favour of Mary Nyacomba Kinaro (the appellant), the administratrix to the estate of Johnson Otiaye Wambogo, deceased. The said ruling is the subject of this appeal.

2. By summons dated 25th April, 2017, Albert Mungwana Philip (the respondent) sought a revocation of the grant issued on 16th May, 2016 and confirmed on 24th November, 2016 to the appellant. The application was premised on grounds inter alia that the proceedings to obtain the grant were defective and the same was obtained fraudulently as it was based on false statements and concealment from the court of material facts and untrue allegations.

3. In his affidavit in support of the summons, the respondent averred that he is the administrator of the estate of his late fatheā€¦

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