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BETTY NANJALA WAMALWA & ANOR
V.
JOHN WERE CHIBAYWA W. SUMBULE & ANOR

(2018) JELR 97588 (CA)

Court of Appeal 1 Feb 2018 Kenya
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Case Details

Suit Number:Civil Appeal 31 of 2016
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:Betty Nanjala Wamalwa & Moses Wamalwa v. John Were Chibaywa W. Sumbule & James Makokha Wamalwa Sumbule [2018] eKLR

JUDGMENT OF THE COURT

[1] The two appellants’ appeal from the Ruling of the High Court (S.M. Githinji, J.) dated 28th October, 2015 dismissing summons for the revocation of the grant of letters of administration in respect of the estate of Hezron Wamalwa Sumbule, who died intestate on 29th August, 2014.

[2] On 5th September, 2014, the two respondents filed Succession Cause No. 217 of 2014 at the High Court Kitale for grant of letters of administration intestate to the estate of the deceased. The petition indicates that the two respondents are sons of the deceased and that the deceased was survived by three widows, Priscillah Nato Wamalwa (1st widow), who had eight sons and five daughters; Jeridah Mulongo Wamalwa (2nd widow), who had four sons and two daughters and Betty Nanjala Wamalwa (3rd widow) who had three sons and seven daughters. The 1st appellant is the 3rd widow while the 2nd appellant is a son of the 2nd widow. The 1st respondent is a son of the 1st widow while the 2nd respond…

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