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Miriam Njoki Muturi v. Bilha Wahito Muturi

(2013) JELR 99054 (CA)

Court of Appeal  •  Civil Appeal 168 of 2009  •  16 May 2013  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, William Ouko

Judgement

JUDGMENT OF THE COURT

1. The late S.M.M (deceased) died on 11th December, 2002 at the Nyeri Provincial General Hospital at the age of 50 years. On 13th February 2004, B.W.M (respondent) while describing herself as the widow of the deceased, petitioned for the letters of administration intestate of the deceased's estate. The respondent named herself and her four children, three daughters and one son as the persons surviving and entitled to the estate of the deceased. She also gave the inventory of the assets of the deceased as land parcel No. Tetu/Karatina/865, Tetu/Karahu/568 and Nyeri Municipal Council plot No. 2 Githakwa and death gratuity.

2. Almost simultaneously with filing the petition for letters of administration, the respondent swore an affidavit stating that she had requested the chief of Tetu location where the deceased hailed from to issue her with a letter of introduction but the chief had refused to do so. After the petition was filed, the Deputy Registrar of the High Cour…

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