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Joyce Atemo v. Mary Ipali Imujaro

(2003) JELR 100523 (CA)

Court of Appeal  •  Civil Appeal 274 of 2001  •  27 Jun 2003  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Philip Nyamu Waki

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Omolo, Shah and Waki JJ A)

CIVIL APPEAL NO 274 OF 2001

JOYCE ATEMO .......................... APPELLANT

VERSUS

MARY IPALI IMUJARO ............. RESPONDENT

(An appeal from the Ruling and Order of the High Court at Nairobi

(Ang’awa J) dated 14th October, 1999 in HC Succ Cause No 11 of 1999)

JUDGMENT

The late Alfred Imujaro Ipara alias Afred Injara, “the deceased” hereinafter, and who in his life-time was a police officer, passed away on 22nd October, 1998. He was fourty-seven years old when he died. Since the year 1993 or 1994, he had been cohabiting as man and wife with Joyce Atemo, the appellant herein. The evidence that the appellant cohabited with the deceased upto the time of his death was really not challenged. It was equally agreed that by the time he died, the deceased had not paid any dowry to the parents of the appellant as is required by Teso customary law to which the deceased and the appellant were subject.

Again, it was not seriously disputed…

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