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ZEALIA WANJIRU MOGUKU V. FLORENCE WANGECHI KABIRI

(2014) JELR 92877 (CA)

Court of Appeal  •  Civil Appeal 27 of 2014  •  1 Oct 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] On 19th September, 2006, Zealia Wanjiru Moguku (appellant), with two others (we were informed at the hearing of this appeal that the other two who were co- applicants in the High Court were no longer interested in this appeal) applied before the High Court for the annulment of grant of letters of administration in respect of the estate of the late Gathitu Githaiga. The record shows an order was issued by the High Court on 13th May 2004, granting the letters of administration over the estate of Gathitu Githaiga to Florence Wangechi Kabiru (respondent).

[2] It was alleged in the said summons for annulment of the grant that the respondent obtained the letters of administration over the estate of Gathitu Githaiga fraudulently by making a false statement or concealment from court of important factors to wit; that there were other beneficiaries of the estate of the deceased. That the deceased had no wife or children; the appellant was the child of the deceased brothe…

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