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Peter Ombui Nyangoto v. Elizabeth Matundura & William Onkoba Matundura

(2013) JELR 96497 (CA)

Court of Appeal  •  Civil Appeal 65 of 2011  •  1 Nov 2013  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

Facts giving rise to this appeal are, as can be deciphered from the record before us, straight forward and simple. In summary, Teresa Nyanchero Matundura (deceased) was the mother of Elizabeth Matundura and William Onkoba Matundura, the first and second respondents in this appeal who were the first and second applicants in the High Court of Kenya at Kisii - Succession Cause No. 62 of 2009 filed in the Matter of the Estate of Teresa Nyanchero Matundura (deceased) and in the Matter of L.R. NO. KISII TOWN/BLOCK 11/66, 68 and NYANCHWA BLOCK 1/9520 in which they had

applied for Revocation of grant, Rectification of the Register and Nullification of Title. She was also the mother of Julius Moracha Matundura and Daniel Abuta Matundura the first and second petitioners in that case. The record shows that she was also the mother of David Kabasho Matundura and Annah Matundura. She was the registered proprietor of 1/3 shares in Land Parcel Nos. L.R. No. KISII TOWN/BLOCK 11/66

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