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MARY WANJIRU KAPAITO
V.
TERESIA NASIEKU KINEA & ANOR

(2015) JELR 96924 (CA)

Court of Appeal 19 Jun 2015 Kenya
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Case Details

Suit Number:Civil Appeal 140 of 2006
Judges:Mohammed Abdullahi Warsame, Festus Azangalala, Fatuma sichale
Location:Nairobi
Other Citations:Mary Wanjiru Kapaito v. Teresia Nasieku Kinea & another [2015] eKLR

JUDGMENT OF THE COURT

This appeal concerns a succession dispute arising out of the estate of the Late Kapaito Ole Parimbai. Mary Wanjiru Kapaito, the appellant herein, is his widow, while Teresia Nasieku Kinea, the 1st respondent, is the deceased’s daughter. On 14th March 1991, the 1st respondent had applied for a grant of letters administration in respect of the deceased’s estate. The appellant on her part applied for a grant of probate for the estate of the deceased on the grounds that the deceased had left a will dated 6th April 1989. This later application served as an objection to the 1st respondent’s application for grant of letters of administration. A notice of objection to the application for grant of probate was filed by the 1st respondent alongside other objectors. Eventually, a grant of letters of administration was issued to the respondent, but by a judgment dated 10th May 2001, Aganyanya J. (as he then was) revoked that grant and in its place issued a grant of probate of …

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