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Mercy Muthoni & Miringu Kinyanjui v. Rosemary Alice Kinyanjui alias Rosemary Baldwin Kinyanjui & Nancy Nyokabi Dolores Kinyanjui

(2020) JELR 99149 (CA)

Court of Appeal  •  Civil Appeal 290 of 2017  •  7 Feb 2020  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Sankale ole Kantai

Judgement

RULING OF THE COURT

Following the death on 24th January, 2012 of Maxwel Kinyanjui Miringu “(the deceased)” the applicants, his widow Rosemary Alice Kinyanjui alias Rose Baldwin Kinyanjui and daughter Nancy Muthoni Kiromo filed a petition for grant of probate with will annexed at the High Court of Kenya, Nairobi. The respondents, Mercy Muthoni Kiromo (who claimed also to be a wife of the deceased) and her son Miringu Kinyanjui objected to such grant, claiming that they were entitled to a share of the estate. The petition was heard by Kimaru, J, who did not find any merit in the objection filed by the respondents and the applicants were allowed to apply for confirmation of grant in the judgment delivered on 21st June, 2017.

There is on record Civil Appeal No. 290 of 2017 filed on 17th August, 2017. In the motion taken before us by M/S Musyimi and Company Advocates for the applicants it is prayed in the main that we strike out the appeal with costs for the reasons set out on the face of th…

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