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IBRAHIM OKOYANA SHIAMBIRI
V.
ZIPORAH MUSI & ANOR

(1987) JELR 97803 (CA)

Court of Appeal 20 Jun 1987 Kenya
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Case Details

Suit Number:Civil Appeal 142 of 1986
Judges:Joseph Raymond Otieno Masime John Mwangi Gachuhi Harold Grant Platt
Location:Kisumu
Other Citations:Ibrahim Okoyana Shiambiri v. Ziporah Musi & another [1987] eKLR

JUDGMENT

The appellant Ibrahim had obtained letters of administration on March 7, 1985. This grant was confirmed on October 7, 1985. But on June 17, 1986 Ziporah Musi (first respondent) summoned Ibrahim to defend her application to revoke or annul the grant of letters to Ibrahim. She claimed that Ibrahim had omitted important material in his application because she, Ziporah, was a widow of the deceased and entitled to live on the land, which was to be registered in the appellant’s name. Therefore she ought to be an administrator as well as Ibrahim. Not all the heirs had been mentioned in the appellant Ibrahim’s application. The deceased, the father of Ibrahim and husband of Ziporah had divided the land; each of those left behind had their portions; but Ibrahim wanted to evict Ziporah from the land, Ibrahim denies that and claims to look after her.

Ziporah’s application came on for hearing on June 26, 1986. The record does not disclose what occurred in chambers on July 15, 1986, the date…

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