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Meshack Otieno Aidah & Sunday Ayub Aidah v. Sharon Atieno Aidah, Moureen Achieng Aidah, Brenda Adhiambo Aidah, Oscar Enoka Aidah, Stacye Aidah, Boaz Osir Aidah, Caleb Miyumo Aidah & Apollo Ogutu Aidah

(2020) JELR 99139 (CA)

Court of Appeal  •  Civil Appeal 11 of 2018  •  9 Oct 2020  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

1. In the impugned ruling W. Korir, J. revoked the grant of letters of administration issued on 6th March, 2009 in favour of the 1st and 2nd appellants and the 6th, 7th and 8th respondents, with respect to the estate of Eli Enoka Aidah (deceased). According to the grant, each of the over fifty plots situated within Kisumu city comprising of the deceased’s estate were to be registered in the names of the 1st and 2nd appellants and the 6th, 7th and 8th respondents, who are sons to the deceased, to hold in equal shares as stipulated in the said grant.

2. By an application dated 2nd July 2017, the 1st, 2nd, 3rd, 4th and 5th respondents herein, filed objection proceedings before the High court seeking revocation of the said grant. Their relationship to the deceased is that they are the children of the late Samuel Imbo Aidah, who was a son to the deceased; the deceased was therefore their grandfather.

3. The application was premised on grounds, inter alia, that the grant …

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