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Mary Wamaitha v Lucy Nyambura Waruiru [2014] KEHC 2607 (KLR)

[2014] KEHC 2607 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2607
Citation
[2014] KEHC 2607 (KLR)
Decided
26 September 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureApplication to set aside or review a RulingCoramMaraga, Rawal
Holding

The application to set aside or review the Ruling of Rawal J was dismissed with costs.

Facts

On 9th October 2009, Rawal J ruled that Lucy Nyambura Waruiru was not a widow of the deceased and not a beneficiary of his estate. The court ordered the name of Lucy Nyambura Waruiru to be deleted from the grant of representation and issued a grant of letters of administration to Mary Wamaitha.

Issues

  1. Whether the Ruling of Rawal J on 9th October 2009 should be set aside or reviewed
  2. Whether the Applicant was denied a fair hearing

Reasoning

The application was dismissed as the Applicant did not provide evidence of new and important matter that was not considered by the court.

Outcome

Application dismissed

Orders

  • Application dismissed with costs
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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