[2017] KEHC 6193 (KLR)

[2017] KEHC 6193 (KLR)

The court found that the issue of whether Florence Mumo Kitili was a wife of the deceased had already been conclusively determined in Machakos HC P&A Cause No. 109 of 1996, where it was held she was not a wife or dependant. As such, the matter was res judicata and could not be relitigated. The court further held that, under the Law of Succession Act, only spouses or direct blood relatives qualify as heirs in intestate succession. Since the 2nd plaintiff was not a wife and the 1st plaintiff was not a biological son of the deceased, neither qualified as heirs or dependants. Consequently, they were not entitled to any share of the deceased’s estate, nor could they benefit from reasonable...

Citation
[2017] KEHC 6193 (KLR)
Parties
Plaintiff: John Kitili; Plaintiff: Florence Mumo Kitili; Defendant: Muloka Kitili; Defendant: David Nzioka Kitili
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
5 April 2017
Case Number
Civil Case 456 of 1998
Procedural Posture
Originating Summons / Judgment
Outcome
Plaintiffs' originating summons dismissed; no order as to costs.
Judges
P Nyamweya
Legal Topics
Intestate Succession, Dependant Status, Customary Marriage, Res Judicata
Source Language
English
Civil Procedure Family and Children Intestate Succession Dependant Status Customary Marriage Res Judicata

Case Brief

Summary, issues, holding and outcome

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Parties

John Kitili

Plaintiff

Florence Mumo Kitili

Plaintiff

Muloka Kitili

Defendant

David Nzioka Kitili

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiffs are heirs of the deceased within the meaning of the Law of Succession Act.
  2. 2 Whether the plaintiffs are entitled as beneficiaries to a share of the deceased’s estate.

Ratio Decidendi

The court found that the issue of whether Florence Mumo Kitili was a wife of the deceased had already been conclusively determined in Machakos HC P&A Cause No. 109 of 1996, where it was held she was not a wife or dependant. As such, the matter was res judicata and could not be relitigated. The court further held that, under the Law of Succession Act, only spouses or direct blood relatives qualify as heirs in intestate succession. Since the 2nd plaintiff was not a wife and the 1st plaintiff was not a biological son of the deceased, neither qualified as heirs or dependants. Consequently, they were not entitled to any share of the deceased’s estate, nor could they benefit from reasonable...

Court Disposition

Plaintiffs' originating summons dismissed; no order as to costs.

Orders

  • The plaintiffs' originating summons dated 3rd December 1998 is dismissed.
  • There is no order as to costs.