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AGA WANJIRU MWANIKI
V.
JANE WANJIRU MWANIKI

(1997) JELR 106448 (CA)

Court of Appeal 9 May 1997 Kenya
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Case Details

Suit Number:Civil Appeal 176 of 1995
Judges:Johnson Evan Gicheru Gurbachan Singh Pall Abdulrasul Ahmed Lakha
Location:Nairobi
Other Citations:AGA WANJIRU MWANIKI v. JANE WANJIRU MWANIKI [1997] eKLR

JUDGMENT OF THE COURT

This is an appeal, with leave, by the executrix and widow of the deceased Sospeter Mwaniki against the Order of the superior court (Githinji, J.) given on May 25, 1995 setting aside the grant of representation made to the appellant and setting aside and revoking the certificate of confirmation of the grant dated July 10, 1992. The court had also dismissed the respondent’s application for extension of time to make a claim for provision for dependants from which there is no cross-appeal.

On October 5, 1985 Sospeter Mwaniki Gachinga died and the appellant obtained a grant of letters of administration on November 14, 1991. The grant was confirmed on July 10, 1992. The respondent filed an application for extension of time to make a claim for provision for dependants under section 26 of the Law of Succession Act (the Act) out of time. This latter application was made on November 24, 1994. The respondent had consented to the grant being issued to the appellant and so did …

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