MONICA WANJIKU THUO, JOSEPH JULIUS GITAU NJUGUNA & OTHERS V. ANNABEL WAMBUI MWAURA (DECEASED) & PATRICIA WANJIKU MWAURA

RULING OF THE COURT

Paul Mwaura Thuo was by any standard a man of means, as we shall shortly demonstrate. After his death on 29^th March, 1994, two competing interests to his estate emerged. First, by his sister Monica Wanjiku Thuo, her son Joseph Julius Gitau Njuguna( the 1^st and 2^nd applicants) on the one hand and those who claimed to be his wife and daughter (the 1^st and 2^nd respondents) on the other hand. The 1^st respondent subsequently passed away on 6^th 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 1^st and 2^nd respondents, a letter from the Department of Immigration dated 7^th 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 1^st respondent a passport. Evidence of joint properties owned by the deceased and the 1^st re…