JANE NYAMBURA NDUNGU V. BEATRICE WANGARI NDUNGU, TABITHA WAIRIMU NDUNGU & LUCY NYAMBURA NDUNGU

JUDGMENT OF THE COURT

1. A brief background of this appeal is that Simon Ndungu Kihonge (the deceased) died intestate on 24th July, 1993 and was survived by four (4) widows; Beatrice Wangui with whom he had no children; Jane Nyambura with whom he had six (6) children: Stephen Kihonge, Joseph Kung’u, Jecinta Njeri, Andrew Ng’ang’a, Elizabeth Muthoni and Susan Njoki; Tabitha Wairimu with whom he had four (4) children: Edwin Waweru, Pauline Wambui, George Kihonge and Isaac Muthaka and; Lucy Nyambura with whom he had three (3) children: Michael Kihonge, Schola Njeri and Stella Wanjiku.

2. Upon his demise, his fourth wife, Lucy Nyambura, vide summons dated 27th September, 1999, moved the Court seeking confirmation of the grant made on 8th April, 1999 to the four (4) widows. The application was supported by her own affidavit of even date wherein she gave an inventory of the assets and liabilities of the deceased, the beneficiaries and mode of distribution.

3. Lucy averred that at all material …