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Oduor Hawi Ambala & Ogola Kodhek Ambala v. Marvin Opiyo Ambala , Chizi Adhiambo Ambala, Perez Auma Ambala, Adongo Ambala & Odhiambo Ambala

(2014) JELR 96429 (CA)

Court of Appeal  •  Civil Appeal 111 of 2012  •  7 Feb 2014  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Philomena Mbete Mwilu



1. Otieno Aggrey Ambala, hereinafter referred to as “the deceased”, died on 8th June, 1985. His family members believed that the deceased died intestate and shortly thereafter commenced intestate succession proceedings, only to discover much later that the deceased had left behind a written will. That notwithstanding, the parties decided to proceed with the administration of the estate intestate.

2. The deceased had married Perez Ambala in 1958 and together they had five sons namely, Otieno Ambala Junior (deceased), Oduor Safari Ambala, Odhiambo Tabu Ambala, Nyerere Omondi Ambala and Ogola Kodhek Ambala. The widow, Perez Ambala, had died in 1973.

3. After the demise of Perez, the deceased married another wife under a civil marriage, Beryl Lilian Odinga; with whom he sired two daughters, Perez Auma and Chizi Odhiambo. The deceased and Beryl divorced in 1981 or thereabout.

4. During the subsistence of the deceased’s marriage to Beryl, the deceased cohabited with one Na…

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