Margaret Wanjiru Ndungu v Serah Nyambura Magondu [2016] KEHC 1690 (KLR)
- Court
- High Court of Kenya
- Case number
- 1690
- Citation
- [2016] KEHC 1690 (KLR)
- Decided
- 16 November 2016
The court held that the Petitioner is the widow of the deceased and the Objector is still married to Mr. Ndungu.
Facts
The deceased, Joseph Magondu Waweru, died intestate. The Petitioner, Serah Nyambura Magondu, was granted letters of Administration intestate. The Objector, Margaret Wanjiru Ndungu, filed an affidavit of protest. The estate includes three properties: L.R. No. Ngong/Ngong/38099, Ngong Township Plot No. 342, and L.R. No. Ngong/Ngong/5023. The dispute is over the distribution of these properties.
Issues
- Whether the Petitioner and the Objector are both widows of the deceased.
- The mode of distribution of the estate's properties.
Reasoning
The court determined that the Petitioner and the deceased had a church marriage and that the deceased lacked capacity to marry the Objector without first dissolving his marriage to the Petitioner.
Outcome
The court confirmed the Petitioner as the widow and the sole beneficiary of the estate.
Orders
- The court confirmed the Petitioner as the widow and the sole beneficiary of the estate.
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