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Peter Anyang Nyong'o & Nyagoy Nyongo Bloch v. Kenneth Odhiambo Okuthe & Geoffrey Omondi Nyong'o

(2019) JELR 94745 (CA)

Court of Appeal  •  Civil Application 110 of 2018 & 53 of 2019  •  3 Oct 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] Two applications, that is, Civil Application No. 110 of 2018 and Civil Application No. 53 of 2019 brought by way of Notice of Motion primarily under Rule 5(2)(b) of the Court Rules, have been argued before us. The two applications have their root in a judgment delivered on the 11th October, 2018 by the High Court (Cherere, J.), in Kisumu Succession Cause No. 815 of 2010 relating to the estate of the late Hesbon Shimei Nyong’o (deceased). The applicants in both applications are Prof. Peter Anyang Nyong’o and Nyagoy Nyong’o Bloch (who are the children of the deceased). The respondents in both applications are Kenneth Odhiambo Okuthe (1st respondent) and Geoffrey Omondi Nyongo (2nd respondent) who are the deceased’s grandsons.

[2] In the judgment the learned judge ordered, inter alia, that letters of administration that had been issued to the applicants on 8th November, 2011 and confirmed on 9th July, 2014 be revoked; that the 1st respondent, be appointed as a co-ad…

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