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Monica Wanjiku Thuo, Joseph Julius Gitau Njuguna & others v. Annabel Wambui Mwaura (Deceased) & Patricia Wanjiku Mwaura

(2017) JELR 98956 (CA)

Court of Appeal  •  Civil Application 11 of 2017  •  24 Nov 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, William Ouko

Judgement

RULING OF THE COURT

Paul Mwaura Thuo was by any standard a man of means, as we shall shortly demonstrate. After his death on 29th March, 1994, two competing interests to his estate emerged. First, by his sister Monica Wanjiku Thuo, her son Joseph Julius Gitau Njuguna( the 1st and 2nd applicants) on the one hand and those who claimed to be his wife and daughter (the 1st and 2nd respondents) on the other hand. The 1st respondent subsequently passed away on 6th May 2010 and the 2nd respondent appointed the administratrix of her estate. The only evidence of their marriage are family photographs of the deceased, the 1st and 2nd respondents, a letter from the Department of Immigration dated 7th September, 1989 confirming that the deceased, as her husband was the surety when the former applied for a passport. The letter also confirmed that with the consent of the deceased, the Department issued to the 1st respondent a passport. Evidence of joint properties owned by the deceased and the 1st re…

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