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Joyce Gakenia Ng'arua & Peter Maina Waweru v. Anne Njambi Wanjui & Peter Gitau Kiarie

(2017) JELR 100521 (CA)

Court of Appeal  •  Civil Appeal 189 of 2008  •  20 Jan 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

James Muiruri Waweru (“the deceased”) died intestate on 24th July, 1999. It was an accepted fact that he was the biological son of Peter Maina Waweru (“Waweru”) and Rose Margaret Mwihaki Kiarie (“Mwihaki”), but Waweru and Mwihaki did not marry. Upon the death of the deceased Mwihaki applied for and was granted letters of administration in High Court of Kenya Succession Cause No. 1871 of 1999. In the affidavit in support of that petition she stated, amongst other things, that the deceased was her son and that she was unmarried and “--- there is nobody else surviving the deceased ----” and “--- I am therefore the only surviving beneficiary to the deceased’s estate ---”. Upon learning that Mwihaki had obtained the grant Waweru applied for its revocation. In the affidavit in support of the application to revoke the grant he deponed inter alia:

“2. THAT the said ROSE MARGARET MWIHAKI KIARIE falsely and deliberately concealed from the Honourable Court that there were oth…

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