Login Register

Rose Wambui Kiarie v. Jane Njeri Ngaruiya

(2019) JELR 94298 (CA)

Court of Appeal  •  Civil Appeal 389 of 2017  •  25 Oct 2019  •  Kenya

Wanjiru Karanja, Jamila Mohammed, Sankale ole Kantai



1. In a ruling delivered in High Court Succession Cause No. 1870 of 2005 on 25th June, 2015 the High Court at Nairobi (Ougo, J) made findings to the effect that although Jane Njeri Ngaruiya (the respondent) had failed to adduce sufficient evidence to prove that she was a wife of Joseph Kiarie Tuba, (the deceased), there was the possibility of the existence of a relationship between them and that her two sons who were claiming through her qualify as dependants and ought to be included as beneficiaries in the application for confirmation of grant in respect of the estate of the deceased. The said ruling is the subject of this appeal.

2. A brief background of this case is that the deceased died intestate on the 25th of February, 2005. On the 7th of July, 2005, the respondent applied for grant of letters of administration in respect of the estate of the deceased. Despite having named the appellant as a co-petitioner, she did not sign the forms constituting the petition…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login