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Sorofina Omurunga Ndunde v. Agnes Namusia Shati,Mark Mutende Baraza,Meshak Aluchio Baraza & Joseph Yeswa Amumbwe

(2015) JELR 96774 (CA)

Court of Appeal  •  Civil Appeal 12 of 2014  •  17 Dec 2015  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. By summons for revocation of grant presented to the High Court at Kakamega on 18th August 2010, Margaret Juma Chilande, (the original appellant in this appeal to whom we shall refer as “Margaret”) sought two prayers from the court. The first was for the revocation or annulment of a grant of letters of administration issued to Agnes Namusia Shati (the Respondent) in respect of the estate of Paul Litali Amumbwe, deceased (“the deceased”) who died on 9th February 1989.The second prayer was for revocation of title over a property known as Title Number Butsotso/Esumeyia/1486 (“the property”) issued to the first interested party, Mark Mutende Barasa, (hereafter referred to as “Barasa”) the first interested party, purportedly on the basis of that grant of letters of administration.

2. In a ruling the subject of this appeal delivered on 2nd May 2013, the High Court (Chitembwe, J.) declined to revoke the grant; dismissed that application and ordered, “The disputed land s…

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