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Moraa Ndege v. Ezekiel Mainda

(2021) JELR 98954 (CA)

Court of Appeal  •  Civil Appeal 13 of 2017  •  19 Feb 2021  •  Kenya

Hannah Magondi Okwengu, Sankale ole Kantai, Fatuma sichale



[1] This is an appeal lodged by Moraa Ndege (appellant) against the Ruling of the High Court (J.R. Karanja, J), in which the learned Judge partly allowed an application filed by Ezekiel Mainda (respondent), for revocation under section 76 of the Law of Succession Act, of a grant issued to the appellant. The appellant had applied for and was issued with letters of administration for the estate of her late husband, Ndege Nyamora Obanyi (deceased), which letters were subsequently confirmed on 12th February, 2010. According to the confirmation, the estate of the deceased comprising LR No. West Mugirango/Siamani/2226 (Siamani/2226) and LR. No. West Mugirango/Bonyamatuta/526 (Bonyamatuta/526) was distributed equally between the deceased’s sons and the appellant.

[2] By summons dated 15th February, 2011, the respondent sought to have the letters of administration issued to the appellant on 25th June, 2009 revoked or annulled, on the ground that the grant was obtained frau…

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