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CHARLES KAHENDE KINUTHIA & ANOTHER
V.
NAOMI NYABAE KAMUYU

(2019) JELR 103299 (CA)

Court of Appeal 6 Aug 2019 Kenya
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Case Details

Suit Number:Civil Appeal 191 of 2016
Judges:Alnashir Ramazanali Magan Visram JA, James Otieno Odek JA, Stephen Gatembu Kairu JA
Location:Nairobi
Other Citations:Charles Kahende Kinuthia & another v. Naomi Nyabae Kamuyu [2019] eKLR

JUDGMENT OF THE COURT

1. Ex-Senior Chief John Kinuthia Wanyee, deceased, (the deceased) to whom the succession proceedings giving rise to this appeal relate, died on 18th November 2007 in Nairobi aged 81 years. Approximately seven years prior to his death, he had executed a Will dated 7th July 2000 by which he appointed two of his children, namely, Charles Kahende Kinuthia and Serah Wairimu Mukiri, the appellants, as the executors and trustees of his Will.

2. Following the death of the deceased, the appellants petitioned the High Court at Nairobi, in Succession Cause No. 521 of 2008, for probate of written will. By an ‘objection to making of grant’ dated 20th June 2008, the respondent Naomi Nyabae Kamuyu, who is a sister to the deceased objected to the petition.

3. That objection was based on the grounds that the respondent, “Naomi Nyabae Kamuyu, and the family of her deceased sister, Nditiai Kamuyu are lawful beneficiaries of LR No. Dagoretti/Riruta/3598, Dagoretti/Riruta/3599, Dagorett…

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