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TOM LUKALO V. BEATRICE LUKALO & MARGARET OSOLIKA

(2014) JELR 96115 (CA)

Court of Appeal  •  Civil Appeal 95 of 2011  •  11 Jul 2014  •  Kenya

Coram
John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

Background

This appeal is from the Ruling of the High Court (Chitembwe, J.) in a succession matter relating to the estate of Ezekiel Lukalo Aluda who died intestate on 2nd March, 1996. At the time of his death the deceased left a sizeable estate in immovable properties. He was survived by his wife and children.

On 29th October, 1996 a grant of representation to the estate of the deceased, was issued to the respondents, Beatrice Lukalo and Margaret Osolika, who are daughters of the deceased. The deceased had eight (8) other children with Josephine Kaveza the mother of the respondents. The deceased had other children including the appellant whose mother was called Selina M'mboga but was not the deceased's wife at the time of his death.

The record shows that the appellant made several applications before the High Court challenging the issue of the grant of representation to the respondents and the subsequent Certificate of Confirmation of Grant.

By his application filed …

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