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Njenga Livingstone v. Joyce Wanjiku, Pauline Wangui & Grace Wanjiru Kamau

(2018) JELR 96712 (SC)

Supreme Court  •  Motion 24 of 2015  •  11 May 2018  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

[1] UPON reading the applicant’s originating motion dated 8th September, 2015, filed under Rule 24 of the Supreme Court Rules and seeking a review of the decision of the Court of Appeal [Visram, Koome and Odek, JJ.A] dated 17th March, 2012 which had refused certification as a matter of general public importance, and as a matter fit for hearing before the Supreme Court;

[2] UPON taking note that the applicant, a son of the deceased, had sought designation as administrator for L.R. No. Karunge/Scheme/555, alongside the widows who were duly declared administratrixes, but his claim was denied by the Magistrate’s Court and also by the High Court;

[3] UPON recognizing that the applicant’s summons for revocation of grant of letters of administration dated 27th November, 1995 was dismissed by the High Court on 2nd August, 2012, for failure to meet the threshold set in Section 76 of the Law of Succession Act ( Cap. 161);

[4] UPON noting that the applicant thereafter moved to th…

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