In Re The Estate of Chege Kabiru (Deceased) [2008] KEHC 1255 (KLR)
- Court
- High Court of Kenya
- Case number
- 1255
- Citation
- [2008] KEHC 1255 (KLR)
- Decided
- 23 September 2008
Summary at a glance
TypeSuccessionPostureAppeal from a decision to revoke a grant of letters of representationCoramK.H. RAWAL
The Court finds the Objector did not prove her right to inherit as a 'wife' and dismisses the revocation summons. The estate is to be distributed between the Petitioner and Virginia Waceke Kabiru.
Facts
The deceased left an estate and the Petitioners (wife and her children) applied for letters of representation. The Objector contested the application, claiming she was a co-widow and had a will. She also claimed she lived on her portion of the land.
Issues
- Whether the Objector is a co-widow of the deceased
- Whether the Objector has a valid marriage under customary law
- How to distribute the deceased's estate
Reasoning
The Court relies on the definition of 'wife' under the Act and the lack of evidence of a valid marriage. The Court also considers the definition of 'dependant' and the rights of the deceased's daughters.
Outcome
Appeal dismissed, revocation of grant of letters of representation dismissed, estate to be distributed between Petitioner and Virginia Waceke Kabiru
Orders
- Revocation of the grant of letters of representation
- Petitioner to file a summons for confirmation of her interest in half of the estate
- Registrar of Lands to rectify the title deed accordingly
Remedies
- Revocation of grant of letters of representation
- Distribution of estate between Petitioner and Virginia Waceke Kabiru
Authorities cited
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