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Samuel Maina Mwangi, Simon Muriithi Kagiri, Bernard Wambugu Kagiri v. Muthoni Kagiri

(2013) JELR 94967 (CA)

Court of Appeal  •  Civil Appeal 339 of 2010  •  25 Jul 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

Muthoni Kagiri, the respondent, in her capacity as a widow applied for letters of administration over the estate of Kagiri Gichine who died intestate on 20th May, 1995. The appellants, who are both the respondent and deceased's sons, filed both an objection against the respondent's application and a cross petition seeking for letters of administration over the estate.

Subsequently,the parties herein were appointed as administrators of the deceased's estate on 25th March, 2004 by the High Court. Vide a Summons for Confirmation of grant dated 14th July, 2009, the respondent applied for confirmation of the grant issued therein and proposed that Muhito/Gaturia/83, forming the deceased's estate, be registered in the joint name of herself and Njoki Kagiri, her unmarried daughter. The appellants protested against the mode of distribution proposed by the respondent. They contended that the suit property being the only property that comprised the deceased's estate, ought to…

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