[2022] KEHC 11393 (KLR)
The court determined that the issues raised, particularly the existence of a Kikuyu customary marriage between the applicant and the deceased, require resolution through oral evidence at a full trial. The court found that affidavit evidence alone was insufficient to resolve the factual disputes central to the...
Source-derived case information.
- Citation
- [2022] KEHC 11393 (KLR)
- Parties
- Applicant: David Mwangi Ndirangu; Respondent: Joseph Maina Gathege; Respondent: Mary Muthoni Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2018
- Procedural Posture
- Succession Cause / Directions Before Full Trial
- Outcome
- Matter to proceed to full trial; status quo of the estate maintained.
- Judges
- HK Chemitei
- Legal Topics
- Succession, Revocation of Grant, Customary Marriage, Status of Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Mwangi Ndirangu
Applicant
Joseph Maina Gathege
Respondent
Mary Muthoni Mwangi
Respondent
Procedural Posture
Succession Cause / Directions Before Full Trial
Legal Issues
- 1 Whether the applicant was married to the deceased under Kikuyu customary law.
- 2 Whether the grant issued to the respondents should be revoked.
Ratio Decidendi
The court determined that the issues raised, particularly the existence of a Kikuyu customary marriage between the applicant and the deceased, require resolution through oral evidence at a full trial. The court found that affidavit evidence alone was insufficient to resolve the factual disputes central to the revocation application. Accordingly, the matter was set down for full hearing, with the applicant designated as plaintiff and the respondents as defendants. The court further ordered that the status quo of the estate be maintained pending the outcome of the trial to preserve the subject matter and prevent prejudice to any party.
Court Disposition
Matter to proceed to full trial; status quo of the estate maintained.
Orders
- The matter shall proceed to a full trial with viva voce evidence.
- The applicant shall be the plaintiff and the respondents the defendants.
Full Case Text
Judgment text and source record
21 paragraphs
In re Estate of the late Anna Wanjiru Gathege alias Anne Wanjiru Gathege alias Ann Wanjiru Gathegere (Deceased) (Succession Cause 23 of 2018) [2022] KEHC 11393 (KLR) (23 June 2022) (Directions)
Neutral citation: [2022] KEHC 11393 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 23 of 2018
HK Chemitei, J
June 23, 2022
IN THE MATTER OF THE ESTATE OF THE LATE ANNA WANJIRU GATHEGE ALIAS ANNE WANJIRU GATHEGE ALIAS ANN WANJIRU GATHEGERE (DECEASED)
Between
David Mwangi Ndirangu
Applicant
and
Joseph Maina Gathege
1st Respondent
Mary Muthoni Mwangi
2nd Respondent
Directions
1. The court has perused the pleadings herein and in particular the application dated 7th February 2020 in which the applicant seeks to revoke the grant issued to the respondents. A clear look at the application indicates that the applicant claims to have been the husband to the deceased and the respondents the daughter and cousin respectively.
2. There is also a critical issue whether the applicant married the deceased under the tenets of kikuyu customary law. Although there is an affidavit sworn to that effect it is the view of this court that all the above must be subjected to viva voce evidence.
3. In the premises let this matter proceed to a full trial. The applicant shall be the plaintiff and the respondents the defendants. Meanwhile the status quo of the estate as at the time of this directions be and is hereby maintained pending the determination of the objection herein.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 23RD DAY OF JUNE 2022. H K CHEMITEIJUDGE