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Mwangi Gakuri v. Bernard Kigotho Maina & Daniel Kamau Maina

(2018) JELR 98740 (CA)

Court of Appeal  •  Civil Appeal 212 of 2016  •  9 Feb 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the High Court (L. Achode, J) dismissing the appellant’s summons for revocation or annulment of a Grant in respect of the estate of Reuben Maina Elijah Heina (deceased) who died on 28th February, 1997.

[2] On 27th October 2011, Bernard Kigotho Maina and Daniel Kamau Maina, the two of the sons of the deceased filed a petition for Grant of Letters of Administration intestate with consent of the beneficiaries of the estate. They indicated that the estate comprised of various assets including LR. No. 36/11/213. The Grant was issued by the High Court to the two petitioners on 19th March, 2012. Subsequently in 2013, the administrators filed summons for the confirmation of the Grant and the grant was duly confirmed and a certificate of confirmation dated 25th February 2013 issued. The schedule to the certificate of confirmation identified the beneficiaries and the share of each in respect of the estate. According to the schedule, L…

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