[2019] KEHC 346 (KLR)

[2019] KEHC 346 (KLR)

The court found that the objector, Jema Karimi, was the lawful wife of the deceased, having contracted a Christian marriage that was never dissolved by a valid decree of divorce. The petitioner, Mwakithi M’Murithi, failed to prove a valid customary marriage or presumption of marriage to the deceased, as there was no...

Source-derived case information.

Citation
[2019] KEHC 346 (KLR)
Parties
Applicant: Jema Karimi; Respondent: Mwakithi M’Murithi; Respondent: James Kubai; Respondent: Isaac Ntongai Samwel
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Succession Cause 15 of 2007
Procedural Posture
Succession Cause / Judgment
Outcome
Application allowed. Grant to petitioner revoked. Fresh grant issued to objector. Estate distributed among lawful beneficiaries.
Judges
F Gikonyo
Legal Topics
Succession, Revocation of Grant, Customary Marriage, Presumption of Marriage, Dependants, Distribution of Estate
Source Language
en
Family and Children Succession Revocation of Grant Customary Marriage Presumption of Marriage Dependants Distribution of Estate

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Parties

Jema Karimi

Applicant

Mwakithi M’Murithi

Respondent

James Kubai

Respondent

Isaac Ntongai Samwel

Respondent

Procedural Posture

Succession Cause / Judgment

Legal Issues

  1. 1 Who are the lawful beneficiaries of the estate of Justus M’Murithi M’Bagiri.
  2. 2 Whether the grant of letters of administration issued to Mwakithi M’Murithi should be revoked.
  3. 3 Whether the petitioner was a lawful wife of the deceased under customary law or presumption of marriage.

Ratio Decidendi

The court found that the objector, Jema Karimi, was the lawful wife of the deceased, having contracted a Christian marriage that was never dissolved by a valid decree of divorce. The petitioner, Mwakithi M’Murithi, failed to prove a valid customary marriage or presumption of marriage to the deceased, as there was no credible evidence of dowry payment, cohabitation, or community recognition. The evidence showed that the petitioner was a tenant in the deceased's premises and not regarded as a wife by the community or family. The claim that Stephen Mukaria was a son of the deceased was rejected, as the birth certificate was issued after the deceased's death without adequate explanation or...

Court Disposition

Application allowed. Grant to petitioner revoked. Fresh grant issued to objector. Estate distributed among lawful beneficiaries.

Orders

  • The grant of letters of administration intestate issued to Mwakithi M’Murithi on 12th April 2007 is revoked.
  • Fresh grant of letters of administration intestate shall be issued to Jema Karimi.