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Erastus Maina Gikunu & Anthony Wanjohi Gikunu v. Godfrey Gichuhi Gikunu & Nathan Mui Gikunu

(2016) JELR 102400 (CA)

Court of Appeal  •  Civil Appeal 5 of 2015  •  4 Nov 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The saying “where there is a will there is a war” confirms that matters of inheritance can be extremely acrimonious. Nothing demonstrates this better than Charles Dickens fictional case of Jarndyce v. Jarndyce , in the book Bleak House, where an inheritance dispute was only concluded when the entire estate was depleted by legal costs.

The appeal before us arises from a dispute in the family regarding the last will of Francis Gikunu Wanjohi (the deceased) who died on 8th May, 2001 at the age of 81 years and was survived by two widows and several children. The widows also died subsequently. Some five months before his death the deceased is said to have instructed Mr. Charles Njunu Kihara, an advocate practicing in the name and style of C.N. Kihara and Company Advocates, to draw for him his last will and testament. The will was witnessed by the deceased’s long-time friends, Evanson Mwangi Gakunyu and Elijah Gathogo Kimani. Godfrey Gichuki Gikunu and Nathan Mui Gikunu,…

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