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Samwel Kiplagat Biwott Kendagor v. Grace Wangoi Njogu & 7 others

(2019) JELR 93733 (CA)

Court of Appeal  •  Civil Appeal 49 of 2016  •  17 Jan 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This appeal arises from a ruling that was delivered by the High Court (Githinji J), in a succession cause concerning the estate of the late Naomi Njeri Muchina (deceased). Following an application for grant of probate made by Samwel Kiplagat Biwott Kendagor (herein the appellant), as the executor of the Will of the deceased, the deceased’s eight (8) children (herein respondents) filed an objection to the making of grant of probate of the deceased’s Will.

[2] The respondents challenged the written Will said to have been made by the deceased, maintaining that it was a forgery; and that Joe Wainaina Maina (the deceased’s grandson) to whom the deceased according to the Will, bequeathed her only property, a thirty five (35) acre parcel of land, known as LR. NO. 5572/7 (suit property), was not a dependant of the deceased, and had no special relationship with the deceased, to justify the bequest to the exclusion of the deceased’s children and other genuine dependants.…

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