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Shikuku Mason Sitera & Everlyne Nakhungu Juma v. Ben Kumbuti Wasilwa

(2018) JELR 95285 (CA)

Court of Appeal  •  Civil Appeal 144 of 2013  •  20 Sep 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] On 20th July 2017, this Court (Musinga, Gatembu and Murgor, JJ.A.) delivered a judgment in Civil Appeal No. 144 of 2013 in which the learned Judges dismissed an appeal lodged by the applicants Shikuku Masoni Sitera and Everlyne Nakhungu Juma (hereinafter referred to as 1st and 2nd applicants). The applicants had appealed against the judgment of the High Court in which the High Court upheld an application lodged by the respondent, Ben Kumbuti Wasilwa for revocation of the grant issued in regard to the estate of the deceased, Wachenda Mason. The Court upheld the finding of the High Court that the deceased had sold and transferred Land Parcel known as Kakamega/Chekalini/238, and therefore the grant issued including the property as part of the estate of the deceased was obtained fraudulently and or by concealing material facts.

[2] By a notice of motion dated 16th August 2017, the applicants have now moved this Court under Rule 35 of the Court of Appeal Rules for ord…

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