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Veronica Chepundoni Magai & Joyce Chemusungu Magaiv Cicilia Chesos Chepkilim & Esther Cheptiren Maiya

(2019) JELR 94673 (CA)

Court of Appeal  •  Civil Appeal 117 of 2016  •  9 May 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the Ruling of the High Court (S. Githinji, J.) revoking the Grant of letters of administration intestate issued to the appellants in respect of the estate of Chepokokoi w/o Chepkilim (deceased) and reverting the land comprising the estate to the deceased.

[2] The deceased was registered as proprietor of land title No. West Pokot /Siyoi “A”/145 comprising of 8.6 hectares on 17th May, 1979. She had three sons and one daughter.

The first son was Wilfred Magal who died in 1971. The two appellants are the daughters of Wilfred Magal. The second child is Chepokasam Chepkilim, a daughter who is married. The third child was Samuel Rotumoi Chepkilim who died on 12th December, 2012, leaving behind a widow Cecilia Chesos Chepkilim (1st respondent herein) and several children. The fourth child was Maywa Chepkilim who died in 2001 leaving a widow Esther Cheptiren Maiywa (2nd respondent herein) and children.

[3] After Chepokokai w/o Chepkilim died on 2nd

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