GRACE WAIRIMU NJANJA v ELIJAH NJAGI NJANJA [2007] KEHC 55 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

Misc. Appli. 14 of 2004

GRACE WAIRIMU NJANJA………………………………………….APPLICANT

VERSUS

ELIJAH NJAGI NJANJA…………………………..………………RESPONDENT

RULING

Upon reading the application and upon hearing the Applicant Grace Wairimu Njanja and there being no opposition,  I am satisfied that section 76 of Succession Act is proved the grant was obtained fraudulently by concealment of the fact that the applicant the widow of deceased who had first priority was alive.

I therefore allow application and grant orders sought.

No order as to costs.

3rd Oct2007

J. N. KHAMINWA

JUDGE