YUNES KERUBO ORUTA & DAVIN KWAMBOKA ORUTA V. GEORGE KOMBO ORUTA & ROSE NYANCHAMA AENCHA

JUDGMENT OF THE COURT

The appeal initially filed by two appellants was prosecuted by the 1st appellant alone there having been no substitution for the 2nd appellant following her demise during the pendency of the hearing of the appeal. The appeal arises from the judgment and decree of the High Court of Kenya at Kisii (Nagillah, J.) delivered on 3rd July, 2015, in Kisii High Court, Succession Cause No. 169 of 2013.

The background of the appeal is that the succession proceedings resulting in this appeal relate to the estate of Jameson Oruta Oroni (the deceased) who died intestate on 17th October, 2003 domiciled in Kenya. On 8th February, 2005, the appellant in her capacity as the widow of the deceased successfully obtained a Limited Grant of Letters of Administration Ad Colligenda Bona in Migori Senior Resident Magistrate’s Court Succession Cause No. 59 of 2004 to enable her file a Civil Suit to preserve the deceased’s properties which according to her were in danger of being grabbed. She…