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MGA V ASM [2013] KEHC 3348 (KLR)

[2013] KEHC 3348 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3348
Citation
[2013] KEHC 3348 (KLR)
Decided
29 May 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPosturePetition for Letters of Administration Intestate vs. Objection and Cross-PetitionCoramSAID J. CHITEMBWE
Holding

The defendant is the deceased's widow and the administratix of the estate.

Facts

The deceased, Bernard Karani Ayugu, was married to the plaintiff, Gideon Barongo, and had seven children with her. The defendant, MGA, filed for divorce claiming the deceased had married the plaintiff. The deceased left a will indicating his intention to distribute his estate.

Issues

  1. Who is the deceased's widow?
  2. Distribution of the deceased's estate

Reasoning

The court found that the plaintiff did not have a valid marriage to the deceased and that the deceased's estate should be distributed between the defendant and the deceased's children.

Outcome

The defendant is the administratix of the deceased's estate.

Orders

  • The plaintiff is ordered to vacate the residential house in Matunda located on plot number (PARTICULARS WITHELD) and the defendant and her family take over possession of the property.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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