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Patrick Macharia & others v. Mwangi Nduati

(2014) JELR 94545 (CA)

Court of Appeal  •  Civil Appeal169 of 2012  •  26 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



Kamau Kariuki (deceased) died on 27th December, 1993 without any surviving spouse or child. The appellants and the respondent are the deceased's nephews. On 1st November, 1994 the respondent was issued with letters of administration over the Estate of the deceased at the Senior Resident Magistrate's Court at Muranga. The deceased's Estate comprised of L.R No. Loc 10/ Gathinja/24 and Loc 10/ Gathinja/ T.18. The letters of administration were confirmed on 16th November, 1994. After confirmation, the above mentioned properties were transferred to the respondent.

Subsequently, the appellants filed an application for revocation of the grant issued to the respondent in the High Court. They sought inter alia revocation of the grant and an order cancelling the registration of the suit properties in the respondent's name. The grounds upon which the appellants relied on in support of the application were that, the respondent obtained the confirmed grant fraudulently by conceā€¦

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