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Ngengi Muigai & Josephat Mathia v. Peter Nyoike Muigai, Elizabeth Mumbi Muigai , Eunice Wanjiku Muturi, Beatrice Wambui Muturi & Peter Mugo Muigai

(2018) JELR 98453 (CA)

Court of Appeal  •  Civil Appeal 13 & 56 of 2007 (Consolidated)  •  8 Jun 2018  •  Kenya

Philip Nyamu Waki, Patrick Omwenga Kiage, Kathurima M'inoti



1. This is yet another high profile estate of a deceased Kenyan which has defied closure on account of incessant squabbles between the beneficiaries.James Ngengi Muigai (the deceased) died of cardiac arrest at the age of 92 years on 26th July, 1995. That is 23 years ago! He left behind a former wife, Elizabeth Mumbi, (married in 1933) with whom he had four children: Daniel Ngengi (born in 1932), Eunice Wanjiku Muturi (1934) (Eunice), Beatrice Wambui Thumbi (1936) (Beatrice) and Margaret Wanjiru (1940). But they parted ways in 1942 and Mumbi went back to her parents' home where she had two more children: Peter Mugo (Mugo) (1943) and Peter Nyoike (Nyoike) (1948). Their formal divorce was finalised in 1975 when the decree absolute was issued. The deceased was also survived by his second wife Minnie Ngina, married under Kikuyu customs in 1939 but formalised in church in 1989. They had eight children: Beth Wambui (1939), Pauline Njeri (1942), Ngengi Muigai (1944), Joseā€¦

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