CHERUIYOT
V.
KORIR & ORS

(2023) JELR 113546 (CA)

Court of Appeal 26 Jan 2023 Kenya
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Case Details

Suit Number:CIVIL APPEAL 117 “A” OF 2018
Judges:F. OCHIENG, JA L. ACHODE, JA W. KORIR, JA
Location:Nakuru

Judgment

  1. Zeddy Chemutai Cheruiyot is before us on an appeal against the ruling of the High Court in Miscellaneous Application 1 of 2017. Before the High Court, the appellant had filed summons for revocation of the grant of letters of administration issued to the respondents by Senior Magistrate Court at Bomet in Succession Cause No 4 of 2003. The High Court dismissed the said application by the appellant prompting the appellant to lodge the present appeal.

  2. In the memorandum of appeal, the appellant raises five grounds of appeal which we reproduce as below;

    i. The Learned Judge erred in law and in fact by failing to take judicial notice from the certificate of confirmation that there is prima facie evidence from the list of the various properties of the vast estate that the value of the estate is indeed over Kshs 100,000/= hence the magistrates court did not have the requisite jurisdiction to handle the estate of the deceased.

    ii. The Learned Judge erred in law and fact that by holding tha…

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