Login Register

Esther Wanjiku Njau & Lucy Njoki Njau v. Mary Wahito

(2015) JELR 105491 (CA)

Court of Appeal  •  Civil Appeal 270 of 2006  •  3 Jul 2015  •  Kenya

John Wycliffe Mwera, Jamila Mohammed, Fatuma sichale



The two appellants herein Esther Wanjiku Njau and Lucy Njoki Njau, on 16th March, 2005 filed a suit in the High Court against the respondent pleading that the latter had taken out a newspaper advertisement to bury her son who had died in a road accident, claiming that the appellants were his step-mothers while the respondent was a co-wife by virtue of all three having been wives of the late Joseph Njau Kairu, hereinafter the deceased. It was further averred that without any colour of right, the respondent instructed grave diggers to move onto Plot No.Kiganjo/Kiganjo/395, part of the estate of the deceased, to prepare a place to bury the respondent’s son. The appellants pleaded that the respondent was never a wife to the deceased and had no beneficial right in his land which could enable her to bury her son on the suit plot.

Therefore the appellants prayed, inter alia, for

a declaration that the respondent was not entitled to bury her late son on Plot No.395 aforesai…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login