Login Register

Sally Njambi Mahihu & Repert Patridge v. Mwanguza Kai Deche & Jefwa Erickson

(2017) JELR 93957 (CA)

Court of Appeal  •  Civil Appeal 42 of 2016  •  31 Mar 2017  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The deceased, Lilli Jorgensen died in Kilifi on 11th September, 2014 at the age of 86. The dispute giving rise to this appeal relates to the question whether she left an oral or written will. The 1st appellant, who is an advocate of the High Court of Kenya maintains that for a long time she acted for the deceased, who later named her together with the 2nd appellant in her last will as executors.

From the record it is not clear who the 1st respondent was to the deceased. The 2nd respondent has been described as a house help to the deceased.

Following the death of deceased, the appellants filed in the High Court at Mombasa Succession Cause No. 431 of 2015 for a grant of probate, having informed the respondents of the existence of a written will, in which the deceased had in fact bequeathed some of her workers, including the respondents. Shortly after this the appellants learnt that the respondents, had also petitioned the High Court at Malindi in Succession Cause No. …

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