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Public Trustee v. Githinji Mararo & 4 others

(2014) JELR 96405 (CA)

Court of Appeal  •  Civil Appeal 196 of 2002  •  27 Feb 2014  •  Kenya

Coram
David Kenani Maraga, Erastus Mwaniki Githinji, Daniel Kiio Musinga

Judgement

RULING OF THE COURT

This is an application essentially for reinstatement of Civil Appeal No. 196 of 2002 which was dismissed by this Court on 19th February 2009 and for extension of time within which to a file a notice of cross-appeal. Although the application is shown to have been made by the Public Trustee who is the Administrator of the estate of Kahugi Gituro by virtue of a Grant granted to the Public Trustee on 28th September 1993, it has emerged that the application is in fact brought by two sons of the deceased namely; Gituro Kahugi Gituro and his brother Stephen Mungai Kahugi.

It has also emerged that the deceased, Kahugi Gituro who died on 17th June 1976 had four wives namely; Monica Wanja Kahugi (1st wife), Rachael Muthoni Kahugi (2nd wife), Hilda Njeri Kahugi (3rd wife), and Wanjiru Kamau (4th wife) and that the two applicants are the sons of Hilda Njeri Kahugi, the 3rd wife.

It has also emerged that distribution of the estate of the deceased Kahugi Gituro which includes part …

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