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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

Coram
John Wycliffe Mwera, Jamila Mohammed, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

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

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

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