REHAB NYAMBURA NDEGWA V. JOHN NGUGI NDEGWA
(2018) JELR 95040 (CA)
Court of Appeal
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Civil Appeal 30 of 2017
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11 Oct 2018
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Kenya
Coram
Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">This is an appeal from the ruling of Wakiaga, J. delivered on 31<sup>st</sup> October 2013.</p><p class="ql-align-justify">A brief background to this appeal is that REHAB NYAMBURA NDEGWA, the appellant herein, vide a petition filed on 24<sup>th</sup> November 2008 applied for grant of letters of administration of her late husband, NDEGWA NGARI SAMUEL (the deceased). On 14<sup>th</sup> April 2009 a joint grant of letters of administration was issued to her and her son PETERSON MAINA. On 3<sup>rd</sup> December 2009 the appellant applied for confirmation of the grant. However, JOHN NGUGI NDEGWA, (Ndegwa) another of the appellant’s sons filed a protest on 27<sup>th</sup> January 2010. On 16<sup>th</sup> September, 2010 the parties consented to a mode of distribution. This consent was later amended by a further consent dated 24<sup>th</sup> September 2010 and the latter consent was adopted by the Court, consequent upon which a Certificate of Confirmation of Grant was issued on 29<sup>th</sup> November 2010.</p><p class="ql-align-justify">The matter did not rest there as on 27<sup>th</sup> March 2012, Ndegwa filed an application…</p>