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JOSEPH MUKONO KUNGURU
V.
JAMES KABEERE KUNGURU

(2011) JELR 100643 (CA)

Court of Appeal 18 Nov 2011 Kenya
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Case Details

Suit Number:Succession Cause 915 of 2009
Judges:Joseph Kiplagat Sergon
Location:Nyeri
Other Citations:Joseph Mukono Kunguru v. James Kabeere Kunguru [2011] eKLR

JUDGMENT

This judgment is in respect of the Summons for Revocation or annulment of grant dated 8th October 2009. In the aforesaid Summons, Joseph Mukono Kunguru, the applicant herein, is seeking for the grant issued to James Kabeere Kunguru, the Respondent herein, on 23rd September 1990 to be revoked or annulled. The applicant relied on one main ground, that is to say that the Respondent concealed from the Court something material to the case. It is the applicant’s contention that the Respondent took the lion share of the Estate instead of sharing the same equitably between the beneficiaries. It is also alleged that he brought strangers to share the Estate. The Respondent filed a replying affidavit to oppose the Summons. The dispute was directed to be determined by oral evidence.

I have considered the evidence presented by both sides plus the submissions filed herein. This dispute appears to have a controversial past. The asset of the Estate which the parties are quarrelling over is the…

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