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Rose Nafula Wanyama v. Nusra Nasambu Chibanga & Agaton Wanyama Alias Mark

(2020) JELR 95127 (CA)

Court of Appeal  •  Civil Appeal 104 of 2017  •  31 Jan 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The suit property in dispute is Land Parcel No. W.BUKUSU/ESIBOTI/264. At all material times, the property was registered in the name of Mr. Weyeye Chimbanga (deceased) who died in 1962.

2. The 1st respondent is the widow to the deceased. The 1st respondent and the deceased were blessed with one son Mr. Calistus Nyongesa Wanyama, who died on 24th March 1995. The appellant herein is the widow to Calistus Nyongesa Wanyama. It is not disputed that the said Calistus Nyongesa Wanyama is survived by the appellant and five children. The appellant is thus a daughter in law to the 1st respondent. The 2nd respondent is a biological son of the 1st respondent born in 1972 long after the deceased had died.

3. The witness statement of Mr. Joseph Wamalwa Khaemba indicated that the deceased died in 1962 leaving behind the late Calistus Nyongesa Wanyama as the only heir to his estate. That the 1st respondent got married to a one Mr. Cleophas Wele Chibanga and together they had two…

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