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Moses Mooke Loontasati v. Twaarari Ole Loontasati Ololowuaya

(2020) JELR 98918 (CA)

Court of Appeal  •  Civil Appeal 32 of 2018  •  20 Nov 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Daniel Kiio Musinga, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

1. This is a succession matter in respect of the Estate of Loontasati Ole Lolowuaya (Deceased), who died on 20th February 1980 leaving behind five widows namely Ntatae Loontasati (deceased), Ntimbili Loontasati (deceased), Sankai Loontasati, Kuya Loontasati and Ntiyo Loontasati. The deceased’s known assets included Land Parcel Kajiado/Elangata/Wuasi/4 measuring 1204.5 Hectares, Kajiado/Elangata/Wuasi/26 measuring 10 acres, 5000 shares in KMQ Limited and 1 Bedford Lorry JG.

2. On 5th January 1988, the appellant, Moses Loontasati, a son of the deceased, petitioned the High Court for grant of letters of administration intestate of the estate of the deceased. He stated that the deceased was survived by three wives and eight children. The grant was issued and subsequently confirmed on 19th April 1991.

3. On 28th June 2010, one Twaarari Ole Loontasati Ololowuaya, also a son to the deceased together with the respondent herein, applied for summons for revocation or annulmen…

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