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JULIUS WAINAINA MWATHI
V.
BETH MBENE MWATHI & ANOTHER

(1996) JELR 100433 (CA)

Court of Appeal 9 May 1996 Kenya
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- The deceased, Ngugi Mwathi Wangige, died unmarried and childless, survived by one brother (appellant) and two sisters (respondents), leaving land in Kiambu District as his sole asset. - Two days before his death, a Will purporting to be d

Case Details

Suit Number:Civil Appeal 123 of 1992
Judges:Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Richard Otieno Kwach
Location:Nairobi
Other Citations:Julius Wainaina Mwathi v. Beth Mbene Mwathi & another [1996] eKLR

JUDGMENT OF THE COURT

Ngugi Mwathi Wangige (the deceased) died on 9th March, 1987 at Nazareth Hospital aged 65. He never married and left behind no wife or children. He was survived by a brother, Julius Wainaina Mwathi (the appellant), two sisters Beth Mbene (the first respondent) and Grace Wanjiru (the second respondent). The deceased hailed from Wangige in Kiambu District. The deceased owned a parcel of land Plot No. Kabete/Kibichiku/675 (the suit land).

On 7th March, 1987, only two days before his death, the deceased made a Will under the terms of which he bequeathed the suit land to the appellant. According to the appellant, the deceased dictated his wishes and he, the appellant, reduced it into writing. It was then thumb-printed by the deceased and witnessed by among others, the appellant and his wife, Rahab Nyambura. Following the death of the deceased, the appellant applied for grant of probate of the Will of the deceased and letters of administration were issued to him on 6th Oc…

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