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Mary Wanjiku Gachigi v. Ruth Muthoni Kamau

(2003) JELR 99223 (CA)

Court of Appeal  •  civ app 172 of 00  •  21 Mar 2003  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Effie Owuor



Gabriel Ngaruiya Ngigi, now deceased and whose estate was the subject matter of objection proceedings before the superior court and from which this appeal emanates, died intestate on 13th June, 1996. Ruth Muthoni Kamau, the respondent, thereafter on or about 2nd July, 1996 filed Succession Cause No. 216 of 1996 seeking a Grant of Letters of Administration to be made to her on the ground that she was the wife of the deceased and therefore a beneficiary together with her three children.

On 12th August, 1996 the objector (appellant herein) filed an objection to the making of a grant in favour of respondent alone, on the ground that she was the other wife of the deceased contending that the respondent had excluded her together with her three children from the Petition that she had presented to the court and thereby disinherited the 'second house' of the deceased. She thereafter filed an application under section 29, of the Law of Succession Act, Cap 160 of the Laws of …

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