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Rachael Wanjiku Njuguna v. Joseph Ngugi Kirogo, James Karanja Kirogo & Josephine Njeri Kirogo

(2010) JELR 96490 (CA)

Court of Appeal  •  Civil Appeal 28 of 1998  •  1 Oct 2010  •  Kenya

Samuel Elikana Ondari Bosire, Moijo Matayia Ole Keiwua, Daniel Kennedy Sultani Aganyanya



Muthoni Kirogo, “the deceased” was the mother in-law of Rachel Wanjiku Njuguna, “the appellant’’. She died survived by two sons, Joseph Ngugi Kirogo, “the 1st respondent”,and James Karanja Kirogo, “the 2nd respondent”. She was also survived by a daughter, Josephine Njeri Kirogo, “3rd respondent” and a daughter in-law, who is the appellant herein. The 2nd and 3rd respondents died after this appeal was filed. The appeal proceeded only against the 1st respondent.

Sometime in 1995 the appellant filed a petition in the High Court at Nairobi, for the grant of letters of administration intestate to the estate of the deceased. While that petition was pending the three respondents applied for and were granted letters of administration by the Senior Principal Magistrate at Kiambu, which letters were confirmed on 29th May 1997; without specific notice to the appellant.

By her application dated 28th July 1997 the appellant moved the High Court in her cause for orders that the c…

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