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PRISCA WANJIKU KIMANGA & STEPHEN MAINA KIMANGA V. ALICE WANJIKU MWANGI, MARY WAITHERA MWANGI, JANE WAMAITHA KIMANGA, GERALD IRUNGU & ALICE WANJIRU

(2020) JELR 96858 (CA)

Court of Appeal  •  Civil Appeal 176 of 2016  •  20 Nov 2020  •  Kenya

Coram
Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p class="ql-align-justify">1. Based on the inventory of his assets, Mwangi Kamangu, deceased, was evidently a prosperous and well invested businessman who left behind a vast estate upon his death on 17<sup>th</sup> November 1989. On 15<sup>th</sup> August 2000, the appellants, Prisca Wanjiku Kimanga and Stephen Maina Kimanga, in their capacity as widow and son respectively of the deceased, petitioned the High Court at Nairobi in Succession Cause No.1728 of 2000 for Letters of Administration Intestate in respect of the estate of the deceased. In the affidavit in support of the petition, the appellants deposed that the deceased died intestate and that he was survived by the two of them and two other children, Fredrick Njora Mwangi and Moses Kimanga Mwangi.</p><p class="ql-align-justify">2. The record shows that on 2<sup>nd</sup> November 2000, prior to the Grant of Letters of Administration being issued, <em>Angawa, J.</em> before whom the matter was placed, perhaps intuitively, ordered the “<em>Deputy Registrar to confirm if there is...a 2</em><em><sup>nd</sup></em><em> wife from the applicant. A…</em></p>

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