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MESHACK ONYANGO OLONDO & ANOR
V.
SYPRINE AKOTH OTIENO

(2022) JELR 113856 (CA)

Court of Appeal 13 May 2022 Kenya
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Case Details

Suit Number:Civil Appeal 97 of 2017
Judges:PO Kiage, JA M Ngugi, JA F Tuiyott, JA
Location:Kisumu

JUDGMENT

JUDGMENT OF KIAGE, JA.

  1. By this appeal, the appellants, who were respondents in the High Court at Migori, challenge the ruling of Mrima, J. by which the learned Judge revoked the grant of Letters of Administration made to the 1st appellant in respect of the estate of Shadrack Opala Ojwando (deceased) and the resultant certificate of confirmation. The applicant, now the respondent, had sought a number of other orders including;

    1. Thatthe Registration of Title No. Kamagambo/Kanyajuok/769 in the names of Respondents be revoked upon granting of the prayer 1 above herein;

    2. Thatthere be an order of injunction restraining the respondents herein from intermeddling in any manner whether by sale, lease, mortgage, charge or in any manner detrimental or adverse to the interest of the applicant herein pending hearing and determination of the application herein;

  2. The respondent complained in that application that the 1st appellant had fraudulently obtained the grant by making false statements and co…

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