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NJAU NYANJUI THITU & another v. LAWRENCE KIMANI NYANJUI & 7 others

(2009) JELR 98655 (CA)

Court of Appeal  •  Civil Appli 311 of 2007 (UR 211/2007)  •  10 Jul 2009  •  Kenya

Coram
Daniel Kennedy Sultani Aganyanya, Erastus Mwaniki Githinji, Joseph Gregory Nyamu

Judgement

RULING OF THE COURT

Nyanjui Thitu Kiarie passed on in 1990 aged 80 years. He was survived by 10 children. Upon his death, letters of administration intestate in respect to his estate were issued on 31st December 1993 to Irene Njeri Nyanjui who described herself as the deceased’s widow. She too passed on on 9th July 1998 and the applicants herein applied by summons to be and were subsequently substituted in place of the deceased Irene Njeri Nyanjui. They were then issued with the grant of letters of administration on 18th June 2003. This grant appears to have been revoked by consent and substituted by another grant issued on 15th October 2003 to four administrators namely Joel Mungai, Njau Nyanjui, Lawrence Kimani Nyanjui and Margaret Thitu Nyanjui. Two of the four administrators, the 1st and 6th respondents herein, then filed an application by summons seeking the confirmation of that grant. Out of the ten beneficiaries indicated on the grant eight filed a consent supporting the applica…

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