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Merioth Kega Wamugunda v. Salome Muthigio Wamugunda

(2017) JELR 99147 (CA)

Court of Appeal  •  Civil Appeal 49 of 2015  •  28 Jun 2017  •  Kenya

George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale



This is an appeal against the judgment of Wakiaga, J., delivered on 10th May, 2013. The background to this appeal is that the appellant, MERIOTH KEGA WAMUGUNDA, the then applicant filed a Chamber Summons dated 27th September, 2010 under Rules 58, 59 and 73 of the Probate and Administration Rules. SALOME MUTHIGIO WAMUGUNDA, the respondent herein was the respondent therein. The appellant sought inter alia, the following orders:-

“1. That this Honourable Court be pleased to authorize the bank manager Barclays bank to sign and or execute the discharge of charge in respect of land title Reg. No. TETU/IHURURU/69 for the estate of GILBERT WAMUGUNDA THUITA ALIAS WAMUGUNDA THUITA – deceased in favour of the joint petitioner MERIOTH KEGA WAMUGUNDA and SALOME MUTHIGIO WAMUGUNDA to effectuate the subdivision and transfer of the land pursuant to certificate of confirmed grant issued by this honourable court on (sic) dated 21st day of November, 2008.

2. That the 2nd petitioner Sa…

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