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Scolastica Ndululu Suva v. Agnes Nthenya Suva

(2019) JELR 93176 (CA)

Court of Appeal  •  Civil Appeal 49 of 2017  •  25 Jan 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This appeal arises from a succession dispute concerning the estate of the late Justus Munyori Suva (deceased) who died on 23rd October 2002. Letters of administration were issued to the deceased’s widows Scolastica Ndululu Suva (appellant), and Agnes Nthenya Suva (respondent), on 18th June, 2007. The parties were however unable to agree on the mode of distribution of the estate.

[2] The respondent had filed summons for confirmation of grant, proposing the distribution of proceeds from compensation paid by the National Land Commission in regard to properties known as L.R. NO. Kathekani/706, and Kathekani/730 (herein the two properties), that were registered in the name of the deceased, and which had been compulsorily acquired for the construction of the Standard Gauge Railway (SGR). The respondent proposed that the two properties be distributed in the ratio 50% in her favour and 50% in favour of all the other beneficiaries made up of the appellant, her five chil…

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