NJERI MBUGUA & TABITHA WATIRI MBUGUA V. PETER KARIUNDI GATHAIYA & DAVID M. GATHAIYA

JUDGMENT OF THE COURT

This is an appeal against the ruling and order by Rawal, J [as she then was] in the High Court of Kenya at Nairobi in Succession Cause No. 2141 of 1998, in the mater of the estate of Rachel Wairimu Mbugua. Rachel died on 22^nd September, 1998, at the age of 70 years and was not survived by a spouse or children. During her lifetime, she was married to Paul Mbugua Mukora who predeceased her in July 1992. Paul was also married to two other wives, namely NJERI MBUGUA and TABITHA WATIRI MBUGUA [the appellants]. When Paul died, the three widows applied for letters of administration in respect of his estate.

The appellants contend that a parcel of land registered as DAGORETTI/MUTUINI/488 was part of the estate of their late husband, Paul. When Rachel died, Peter Githaiya, David Githaiya and Dickson Githaiya, petitioned for letters of administration intestate on 23^rd June, 1998, in their capacity as brothers. According to the affidavit in support of the petition, the deceas…