M.W.G V. E.W.K

JUDGMENT OF BOSIRE, J.A

On 13^th May 2008 Ibrahim J. pronounced judgment in High Court Succession Cause No. 244 of 2002 decreeing that E.W.G (the petitioner) and M.W.G (the objector) be the joint administrators of the estate of E. G.W (the deceased). The objector was aggrieved and by a notice of appeal dated and filed in the superior court on 23^rd May 2008 declared her intention of challenging that decision on appeal. Following that notice this appeal was filed. The main, if is not the only issue in this appeal is whether the petitioner is a widow of the deceased in absence of evidence that she was not married either under statute or under a system permitting polygamy. In his judgment Ibrahim J. rendered himself thus: “I do find that there was no formal marriage between the deceased and the petitioner. However, both the petitioner and the objector hail from the Kikuyu Community. Kikuyu Customary Law is a system of law which permits polygamy. Notwithstanding, the absence of a formal mar…