MUSA NYARIBARI GEKONE, YUNES KERUBO GEKONE & LAMMY NJUGUNA MATHERU V. PETER MIYIENDA & JANE BOSIBORI NYAMBEGERA
(2015) JELR 96890 (CA)
Court of Appeal
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Civil Appeal 2 of 2014
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19 Jun 2015
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Kenya
Coram
David Kenani Maraga
Daniel Kiio Musinga
Stephen Gatembu Kairu
Judgement
<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p>In a ruling delivered in High Court Succession Cause No. 35 of 2012 on 5<sup>th</sup> August 2013, the High Court at Kisii (Edward M. Muriithi, J.) revoked the grant of letters of administration issued by the court on 19<sup>th</sup> April 2013 in favour of the 1<sup>st</sup> appellant, Musa Nyaribari Gekone, with respect to the estate of Charles Obwagi Gekone, deceased. By the same ruling, the court rescinded the transfer of the property known as title number Kitutu/Daraja Mbili/2178 in favour of the 3<sup>rd</sup> appellant, Lammy Njuguna Matheru, and ordered that the property should revert to, and be registered in the name of the deceased.</p><p class="ql-align-justify">Aggrieved, the appellants have appealed to this court against that ruling in its entirety.</p><p class="ql-align-justify">Background</p><p>The deceased died on 30<sup>th</sup> March 1998. At the time of his death he was aged 45 years. He did not leave behind a widow or children. He died a bachelor. 14 years after his death, his brother, Musa Nyaribari Gekone, the 1st appellant, petitioned the High Court for letters of …</p>