[2022] KEHC 2042 (KLR)

[2022] KEHC 2042 (KLR)

The court found that the protestor failed to prove, on a balance of probabilities, that she was customarily married to the deceased. While there was evidence of some dowry payment and cohabitation, the essential elements of a Kikuyu customary marriage were not fully established, and the protestor was not...

Source-derived case information.

Citation
[2022] KEHC 2042 (KLR)
Parties
Applicant: Veronica Wangui Wambugu; Respondent: Beth Wanjiru Maina
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Succession Cause 184 of 2016
Procedural Posture
Succession Cause / Judgment
Outcome
Protest dismissed; grant not revoked; petitioner to amend list of beneficiaries to include NMK; no order as to costs.
Judges
NA Matheka
Legal Topics
Succession, Customary Marriage, Dependants, Revocation of Grant
Source Language
en
Family and Children Succession Customary Marriage Dependants Revocation of Grant

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Parties

Veronica Wangui Wambugu

Applicant

Beth Wanjiru Maina

Respondent

Procedural Posture

Succession Cause / Judgment

  1. 1 Whether the protestor was customarily married to the deceased and thus a beneficiary of his estate.
  2. 2 Whether the protestor’s child NMK was a child of the deceased for purposes of succession.
  3. 3 Whether the court should revoke or annul the Grant of Letters of Administration issued to the respondents on 27th June 2016.

Ratio Decidendi

The court found that the protestor failed to prove, on a balance of probabilities, that she was customarily married to the deceased. While there was evidence of some dowry payment and cohabitation, the essential elements of a Kikuyu customary marriage were not fully established, and the protestor was not acknowledged as a wife in the eulogy, obituary, or by the deceased’s conduct at death. The court noted contradictions in the evidence of the deceased’s family, who supported the protestor’s claim but failed to recognize her at the time of death. The protestor also failed to call witnesses from her own family or others who could corroborate the marriage. The court held that the protestor...

Court Disposition

Protest dismissed; grant not revoked; petitioner to amend list of beneficiaries to include NMK; no order as to costs.

Orders

  • The protest is dismissed to the extent that the protestor claims to be a wife of the deceased.
  • The petitioner shall file an amended Form P & A 5 to include NMK as a beneficiary within thirty (30) days.