[2002] KEHC 1016 (KLR)
The court found that Nancy Nyokabi Kimotho had sufficiently proved, through documentary and oral evidence, that she was accepted and acknowledged as a wife and widow of the deceased by the family and clan. The evidence included records of dowry payment, photographs, and funeral documents. The court rejected the...
Source-derived case information.
- Citation
- [2002] KEHC 1016 (KLR)
- Parties
- Petitioner: Eunice Wakarima Kimotho; Objector: Nancy Nyokabi Kimotho
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 169 of ??
- Procedural Posture
- Succession Cause / Judgment on Grant of Letters of Administration
- Outcome
- Joint grant of letters of administration to both Eunice Wakarima Kimotho and Nancy Nyokabi Kimotho. Apportionment of the estate deferred to confirmation of grant.
- Legal Topics
- Succession, Letters of Administration, Recognition of Widow, Proof of Marriage, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Wakarima Kimotho
Petitioner
Nancy Nyokabi Kimotho
Objector
Procedural Posture
Succession Cause / Judgment on Grant of Letters of Administration
Legal Issues
- 1 Whether Nancy Nyokabi Kimotho is a widow of the deceased and entitled to be recognized as such for purposes of administration of the estate.
- 2 Whether both Eunice Wakarima Kimotho and Nancy Nyokabi Kimotho should be granted joint letters of administration.
Ratio Decidendi
The court found that Nancy Nyokabi Kimotho had sufficiently proved, through documentary and oral evidence, that she was accepted and acknowledged as a wife and widow of the deceased by the family and clan. The evidence included records of dowry payment, photographs, and funeral documents. The court rejected the argument that acknowledgment only occurred after the deceased's death, holding that such acknowledgment must have had a beginning prior to death. Consequently, the court directed that both Nancy and Eunice be granted joint letters of administration, deferring the issue of apportionment of the estate to the confirmation stage.
Court Disposition
Joint grant of letters of administration to both Eunice Wakarima Kimotho and Nancy Nyokabi Kimotho. Apportionment of the estate deferred to confirmation of grant.
Orders
- Nancy Nyokabi Kimotho and Eunice Wakarima Kimotho to be granted joint letters of administration.
- Issue of apportionment of the estate to be determined at the time of confirmation of grant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI SUCCESSION CAUSE NO. 169 OF 2000
EUNICE WAKARIMA KIMOTHO ………………….. PETITIONER V E R S U S NANCY NYOKABI …………………………………… OBJECTOR
D R A F T J U D G M E N T
There is a petition and cross-petition filed by Nancy Nyokabi Kimotho and Eunice Wakarima Kimotho.
Both contend that they are widows of the Deceased Nelson Kimotho. Nancy acknowledge that Eunice is a widow but Eunice refuses to acknowledge Nancy as a co-wife.
Despite the directions were taken to hear the matter on affidavits, Mr. Muiruri made an oral application to cross-examine Nancy. To obtain clearer view of the facts I granted the application. Nancy to substantiate her claim, produced a notebook kept by her brother to show that the dowry was partly paid from April, 1982 and goat was slaughtered on 10th August, 1987. She produced a photograph of herself and the deceased taken as a couple. She also testified that they were cohabiting since 1976 at the place built behind the Bar and shop at Kerugoya belonging to the deceased. The efforts to portray Nancy as a mere employee of the deceased were self-destroyed on production of funeral announcement, Eulogy and funeral photographs. All these evidence show without any doubt that Nancy was acknowledged as a wife and widow of the deceased.
Mr. Murimi said that that acknowledgment came only towards the end and that is after the death. One can only ask whether the end came without any beginning. In my humble opinion, Nancy has sufficiently proved that she was and was accepted and acknowledged as wife by the family and clan of the deceased .
I need not go further into details of the averments and counteraverments at this stage.
Presently I only direct that Nancy and Eunice jointly be granted letters of administration. The issue of apportionment of the estate shall be dealt with at the time of confirmation of the grant. In the meantime I hope that sanity prevails between the parties.
Dated and delivered at Nairobi this 22nd day of March, 2002.
K. H. RAWAL
J U D G E.