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MERCY WAMBUI KAGO v GRACE WANGECHI GATHUMBI & another [2011] KEHC 2041 (KLR)

[2011] KEHC 2041 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2041
Citation
[2011] KEHC 2041 (KLR)
Decided
8 July 2011
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication for interim orders pending revocation of grantCoramJ. K. SERGON
Holding

The application is dismissed for lack of merit.

Facts

The deceased, Joseph Titus Wanduka, died on 29th July 2006. Mercy Wambui Kago, the objector, claims she is a widow and a lawful beneficiary of the deceased's estate. She alleges that the grant of administration was obtained in Muranga without her involvement, and that her co-wife, Grace Wangechi Gathumbi, and her sister, Jane Wambui Gathumbi, obtained the grant without her consent. She also claims she was kicked out of the matrimonial home and that her children's school fees have not been paid.

Issues

  1. Interim orders pending revocation of grant
  2. Prohibition order to prohibit Jane Wambui from accessing funds held by the Public Trustee

Reasoning

The applicant's summons for revocation of grant was dismissed on 12th May 2009, and there is no pending application for revocation of grant. The application lacks the necessary foundation to stand.

Outcome

Application dismissed

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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