Irene Njeri Macharia v Margaret Wairimu Njomo & another [1996] KECA 77 (KLR)
- Court
- Court of Appeal
- Case number
- 77
- Citation
- [1996] KECA 77 (KLR)
The appellant is entitled to a share of the deceased's estate, but the Judge was entitled to weigh the conflicting needs of the heirs and determine how much should go to each heir according to those needs.
Facts
The deceased, Jonah Njogu Njeru Macharia, died intestate on July 22, 1990. The appellant, Irene Njeri Macharia, is the only lawful widow of the deceased. The deceased had a daughter named Jackline Wanjiru Njogu. The dispute is over the distribution of the deceased's estate.
Issues
- Whether the first respondent, Margaret Wairimu Njomo, was a wife of the deceased for the purposes of the Law of Succession Act
- Whether the appellant, Irene Njeri Macharia, was entitled to inherit the deceased's estate
Reasoning
The Law of Succession Act does not exclude the application of section 37 of the Marriage Act, which means the first respondent was not a wife of the deceased. The Judge's decision to leave the estate to the appellant and Jackline was justified.
Outcome
The appellant is given Kshs.10/= from the KShs.186,086/= available for distribution, and the rest is left to Jackline.
Orders
- The appellant is given Kshs.10/= from the KShs.186,086/= available for distribution.
- The rest is left to Jackline to be invested in the manner ordered by the Judge.
Authorities cited
Legislation (3)
- Law of Succession Act, Cap 160 Laws of Kenya
- Marriage Act, Cap 150 Laws of Kenya
- African Christian Marriage and Divorce Act, Cap 151 Laws of Kenya
Cases cited (2)
- RE Ruenji's Estate (1977) K.L.R. 21
- In the Matter of the Estate of Reuben Nzioka Mutua, Probate & Administration Cause No. 843 OF 1986 (Unreported)
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