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Rose Nafuna Wanyama v. Nusra Nasambu Chibanga & another

(2019) JELR 95263 (CA)

Court of Appeal  •  Civil Application 47 of 2019  •  17 Oct 2019  •  Kenya

Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, James Otieno Odek



The background facts leading to the application, the subject of this ruling, are simple and straightforward. The applicant filed suit in the Land and Environment court in Bungoma against the respondents claiming to be the sole owner of all that piece or parcel of land known as W.Bukusu/E.Siboti/264 “the suit property”. The applicant claimed in the suit that the 1st respondent held the suit property in trust for her deceased husband and that she should transfer it to her as heir and personal representative of the estate of her deceased husband, a son of the applicant.

In response, the 1st respondent averred that the suit property solely belonged to her. She went on to state that following the death of her husband, she petitioned for a grant of letters of administration and the same were granted on 9th July, 1975 and by way of transmission, the suit property was transferred and registered in her name. The 1st respondent as already stated is a mother in law to the appli…

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