In re Estate of Elizabeth Wairimu Waiyaki (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Family Division
Category
Civil
Judge(s)
Ali-Aroni
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of In re Estate of Elizabeth Wairimu Waiyaki (Deceased) [2020] eKLR, analyzing key legal principles and outcomes. Ideal for legal professionals and scholars.

Case Brief: In re Estate of Elizabeth Wairimu Waiyaki (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Elizabeth Wairimu Waiyaki (Deceased)
- Case Number: Succession Cause No. 94 of 2017
- Court: High Court at Nairobi (Family Division)
- Date Delivered: 15th October 2020
- Category of Law: Civil
- Judge(s): Ali-Aroni
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving several central legal issues, including:
- Whether Eunice Wamaitha's claim is barred by res judicata.
- Whether Eunice and John Njenga Mang’ara are dependants of the deceased under the Law of Succession Act.
- Whether the court should interfere with the deceased's Will.
- Who should bear the costs of the suit.

3. Facts of the Case:
Elizabeth Wairimu Waiyaki, the deceased, was the wife of Mzee Tiras Waiyaki, who predeceased her in 1988. Together, they had 16 children. After Tiras's death, he left a Will bequeathing all his properties to Elizabeth. Elizabeth died on 5th April 2014, leaving her own Will that distributed her estate among only some of her heirs. The case arose from claims by Eunice Wamaitha and John Njenga Mang’ara, who sought to inherit properties they alleged were rightfully gifted to their late relatives by Tiras. Eunice is the widow of Dr. Benjamin Githieya Waiyaki, one of Elizabeth's sons, while John is a grandson of Tiras.

4. Procedural History:
The case progressed through the High Court, where the objectors (Eunice and John) filed claims against the Trustees of Elizabeth's Will. The Trustees opposed the claims, asserting that Eunice's claims were res judicata due to a prior decision in Civil Case No. 122 of 2000. The court considered the pleadings, evidence, and submissions from both sides before making its ruling.

5. Analysis:
- Rules: The court considered the Law of Succession Act, particularly Section 29, which defines dependants, and Sections 26 and 27, which allow the court discretion to provide for dependants inadequately provided for in a Will.
- Case Law: The court referenced the case of *Uhuru Highway Development Limited v. Central Bank of Kenya & 2 Others (1996) eKLR* regarding the principles of res judicata, and *Re Estate of Wahome Njoki Wakagoto (2013) eKLR*, which clarified the inheritance rights of grandchildren.
- Application: The court determined that Eunice's claim was not res judicata as the previous case concerned adverse possession rather than succession. It ruled that both Eunice and John were dependants under the Act, as they were claiming on behalf of their deceased relatives. The court found that Elizabeth had failed to provide adequately for the estate of Dr. Benjamin Githieya Waiyaki in her Will.

6. Conclusion:
The court ruled in favor of the objectors, directing the Trustees to provide reasonable provision for them from the residue of Elizabeth's estate. The decision emphasized the moral and legal responsibilities of a testator to consider their dependants when making a Will.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The High Court ruled that Eunice Wamaitha and John Njenga Mang’ara were entitled to inherit from Elizabeth Wairimu Waiyaki's estate. The court found that Elizabeth had not adequately provided for the estate of her deceased son, Dr. Benjamin Githieya Waiyaki. The ruling highlighted the importance of ensuring that dependants are not unfairly excluded from inheritance, reinforcing the legal and moral obligations of testators. The Trustees were ordered to allocate specific properties to the objectors and to cover the costs of the suit.

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