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Sophia Salim Gathiaka & Salim Mohamed Abdallah Kaniki v. Mariam Mbuve Abdalla Alias Mama Kanyanaya, Mohamed Ali,Salim Ali Muchoki,Halima Muchoki,Asha Muchoki,Abdalla Muchoki,Fatuma Ngorro,Habiba Abdalla , Asha Abdalla Alias Mama Lela & Mohamed Abdalla

(2016) JELR 94261 (CA)

Court of Appeal  •  Civil Appeal 241 of 2007  •  29 Jan 2016  •  Kenya

Coram
Festus Azangalala, Philomena Mbete Mwilu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

1. This appeal arises out of the judgment delivered by High Court of Kenya at Nairobi issued on 26th June 2007 by Honourable Lady Justice K.H. Rawal (as she then was) in which the learned judge nullified the grant of representation in respect of property Block B2/4(A&B) (the suit property) Pumwani issued in favour of Sophia Salim Gathiaka and Salim Mohamed Abdallah Kaniki (hereinafter referred to as “the appellants”) following the application by Mariam Mbuve Abdalla alias Mama Kanyanya and 9 others, hereinafter referred to as “the respondents.”

2. The respondents had made the application for revocation or annulment of grant before the High Court on grounds that the appellants who had been appointed as Administrators by virtue of the impugned grant had made false statements in concealing the fact that the suit property is a family property of the late Abdalla Nzito Ndambo. Hemed Abdalla Kanini was the eldest son of the late Abdalla Nzito Ndambo and though was re…

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