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Patrick Munene Migwi v. Simon Nyamu Migwi

(2017) JELR 95099 (CA)

Court of Appeal  •  Civil Appeal 19 of 2016  •  19 Jul 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of Limo, J. delivered on 2nd March, 2016. A brief background to the appeal is that SIMON NYAMU MIGWI, the respondent herein, applied for letters of administration in respect of the estate of FRANCIS MIGWI MATU alias MIGWI MATU NDEGE (the deceased) by instituting Embu High Court Succession Cause No. 370 of 2012. In the affidavit in support of the petition for letters of administration, the respondent named the following as surviving the deceased:

(i) SIMON NYAMU MIGWI - Son

(ii) MARGARET WANJIKU MIGWI - daughter (deceased)

(iii) PATRICK MUNENE WANJIKU - (Grandson)

(iv) PURITY WAWIRA WANJIKU - granddaughter

Subsequently, letters of administration were issued to the respondent on 30th November, 2012 in Kerugoya Succession Cause No. 290 of 2012 (formerly Embu H.C. Succ. No. 370 of 2012). On 12th February, 2013 the respondent filed summons for confirmation of the Grant. However, the confirmation was objected to as on 9th July, 2013 PATRIC…

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