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GRACE NAMAROME MUNYOLE
V.
WILLIAM WANJALA MUNYOLE

(2022) JELR 113538 (CA)

Court of Appeal 18 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 21 of 2017
Judges:K M'Inoti, JA M Ngugi, JA PO Kiage, JA
Location:Kisumu

JUDGMENT

  1. The appellant is aggrieved by the manner of distribution of the estate of Justus Munyole Nakitare (deceased) between the two houses of the deceased directed in the decision of Ali-Aroni J dated 20th January 2017. She has accordingly filed the present appeal in which she asks the Court to direct that the estate should be distributed as she had proposed before the High Court, with each house retaining the property it had occupied prior to the decision of the court.

  2. The dispute relating to the estate of the deceased is somewhat convoluted, and the Record of Appeal is not very helpful. The proceedings before the trial court, which go back some twenty-two years to 2000 when the succession cause appears to have been filed in the High Court, have been omitted. The appellant did file a Supplementary Record of Appeal dated 17th September 2021 which unfortunately does not incorporate the proceedings, comprising only a decree, an attendance list at a clan meeting, minutes of the meeting a…

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