REHAB NYAMBURA NDEGWA V. JOHN NGUGI NDEGWA

JUDGMENT OF THE COURT

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

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

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