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PETER KARUMBI KEINGATI,JOHN NGUGI KEINGATI,JAMES KARANJA KEINGATI,PHILIP GITURO KEINGATI & SIMON GATHU KEINGATI V. ANN NYOKABI NGUTHI,ELIZABETH NJERI MWATHI,LUCY WANJIRU KANDU,REGINA MARION GOKO & TERESIA NDUTA KEINGATI ADMINISTRATOR,ESTATE OF KEINGATIWAIHAROKEINGATI

(2015) JELR 95571 (CA)

Court of Appeal  •  Civil Application Nai 235 of 2014  •  24 Apr 2015  •  Kenya

Coram
Philomena Mbete Mwilu JA Patrick Omwenga Kiage JA Kathurima M'inoti JA

Judgement

RULING OF THE COURT

The dispute that has given rise to the application before us relates to the estate of Keingati Waiharo Keingati (Deceased), late of Ndumberi, Kiambu, who died on 3rd March 1990. The five applicants, Peter Kirumbi Keingati, John Ngugi Keingati, James Karanja Keingati, Philip Gitau Keingati and Simon Gathu Keingati, are all brothers and the sons of the deceased. The 1st to 4th respondents, Dr. Ann Nyokabi Nguithi, Elizabeth Njeri Mwatha, Lucy Wanjiru Kandu and Regina Wairimu Goko are also the daughters of the deceased and therefore the sisters of the applicants. The 5th respondent, Teresia Nduta Keingati is the widow of the deceased and the mother of the applicants and the respondents.

By a grant of letters of administration intestate of the estate of the deceased issued on 20th December 1990, the 5th respondent was appointed the administratrix of the estate of the deceased. In 1996, the applicants applied for revocation of the grant, which in the meantime had been con…

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