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TOM LUKALO V. BEATRICE LUKALO & MARGARET OSOLIKA

(2011) JELR 93716 (CA)

Court of Appeal  •  Civil Application 192 of 2010  •  13 Apr 2011  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

 R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules for leave to file and serve a notice of appeal and record of appeal out of time.

The application relates to the estate of Ezekiel Lukalo Aluda who died on 2nd March, 1996. According to the affidavit of the applicant sworn on 27th January, 1997 in support of chamber summons dated 27th January, 1997 for revocation of the grant of letters of administration, the deceased had three wives, namely, Selina Lukalo (1st wife) who had three sons including the applicant; Josephine Lukalo (2nd wife) who had 10 children including Beatrice Lukalo and Margaret Osolika Ndombi, who are the administrators of the estate of the deceased and the respondents in this application, Tabitha Shivachi (3rd wife) who had two daughters. In that affidavit the applicant complains that the petitioners had not disclosed in the inventories of assets that the deceased owned a farm plot 272 Kisatiru comprising 12 acres which he transferred to the…

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