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Rehab Nyambura Ndegwa v. John Ngugi Ndegwa

(2018) JELR 95040 (CA)

Court of Appeal  •  Civil Appeal 30 of 2017  •  11 Oct 2018  •  Kenya

Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale



This is an appeal from the ruling of Wakiaga, J. delivered on 31st October 2013.

A brief background to this appeal is that REHAB NYAMBURA NDEGWA, the appellant herein, vide a petition filed on 24th November 2008 applied for grant of letters of administration of her late husband, NDEGWA NGARI SAMUEL (the deceased). On 14th April 2009 a joint grant of letters of administration was issued to her and her son PETERSON MAINA. On 3rd 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 27th January 2010. On 16th September, 2010 the parties consented to a mode of distribution. This consent was later amended by a further consent dated 24th September 2010 and the latter consent was adopted by the Court, consequent upon which a Certificate of Confirmation of Grant was issued on 29th November 2010.

The matter did not rest there as on 27th March 2012, Ndegwa filed an application…

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