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Mary Wanjiru Kiarie v. Mary Wanjiku Kiarie

(2014) JELR 99220 (CA)

Court of Appeal  •  Civil Appeal 23 of 2008  •  30 May 2014  •  Kenya

Coram
Wanjiru Karanja, George Benedict Maina Kariuki, Philomena Mbete Mwilu

Judgement

JUDGMENT OF THE COURT

The appellant, Mary Wanjiru Kiarie, filed in this Court on 28th February 2008 an appeal against the judgment of the High Court (Martha Koome, J. as she then was) delivered on 26th March 2004 in Nbi High Court Succession Cause No.82 of 2002 seeking to have it and the order declaring the respondent, Mary Wanjiku Kiarie, the second wife of Francis Kiarie Ndirangu, deceased, set aside.

The facts reflected in the record of appeal pertaining to the background of the dispute leading to the impugned judgment are that Francis Kiarie Ndirangu, the deceased, died intestate on 7th December 2001 leaving an estate that comprised 9 parcels of land each with its own Title Deed and three motor vehicles and cash in Barclays Bank of Kenya as well as shares in a company known as Ruthigiti Gikambura Hotels and Company which is the proprietor of a property known as L.R. 209/136/74 in the City of Nairobi. The estimated value of the estate is said to be in excess of Ksh.10 million.

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