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HARRIET WANJIRU & 4 ORS.
V.
SIMON NJIHIA KIMANI & 3 ORS.

(2021) JELR 113828 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 36 OF 2014
Judges:WANJIRU KARANJA, JA HELLEN OMONDI, JA K.I. LAIBUTA, JA
Location:Nairobi

JUDGMENT

  1. This appeal arises from the Ruling and Order of the High Court (Family Division) at Nairobi (Rawal, J.) delivered on 16th February 2010 in Succession Cause No. 341 of 1998 in the matter of the estate of Sospeter Kimani Waithaka (Deceased), who died on 5th May 1997. The impugned Ruling and Order was made in determination of the 1st Respondent’s Summons for Revocation of Grant dated 31st October 2005. The Summons were taken out under Rules 49 and 73 of the Probate and Administration Rules pursuant to which the 1st respondent sought revocation of the Grant of Letters of Administration Ad Colligenda Bona made on 10th March 1998 to the Public Trustee in the estate of the deceased.

  2. Following the death of Sospeter Kimani Waithaka on 5th May 1997, the Public Trustee obtained, with the consent of the appellants, Limited Grant of Letters of Administration ad colligenda bona on 10th March 1998 in High Court Succession Cause 341 of 1998 pursuant to section 67(1) of the Law of Succession Ac…

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