The High Court in Nairobi has dismissed a 19-year-old case in which a barmaid was claiming a stake in his late boss’s estate.

Justice William Musyoka threw out the case filed by Joyce Njeri Njau claiming she was a second wife of late Kiambu tycoon Henry Njau Ngotho with whom she says she had a daughter, saying it was improperly before the court.

Njeri went to court to challenge the decision to omit her and her daughter Lucy Nduta from the list of beneficiaries of the property of Ngotho who died on May 7, 1997.

Njeri listed six other persons, whose relationship with Ngotho was not disclosed to the court as his survivors. They included Nduta, Judy Muthoni, Elizabeth Nyacuna, Rachael Kabura, Peter Ngotho and Hazal Mwaniki.

 At the time of his death, Ngotho had made various investments whose value was not disclosed to the court.

“There is therefore nothing for me to determine. The proceedings conducted in this court were in vain,” Justice Musyoka said.

• .

  Keep Reading

• 
  I don't want Sakaja's job, says Sifuna
• 
  Military top shots likely to succeed CDF Ogolla
• 
  Why Nairobi garbage collection model is flawed
• 
  Coffee auction earns farmers Sh800 million from 11 buyers

On July 30, 1997, Njeri successfully petitioned Kiambu magistrate’s court and was granted letters of administration allowing her to manage some of Ngotho’s property.

However, Ngotho’s wife Ruth Wanjiru Njau, on May 14, 2002, moved to the High Court seeking revocation of the grant.

When the hearing started on November 23, 2004, Wanjiru and her children Hannah Njambi Njau, Samuel Nduati Njau and Joyce Njeri Njau opposed the claims and denied ever knowing Njeri as the late Ngotho’s second wife.

They were supported by an administrator to Ngotho’s property who said the deceased had not married Njeri at the time of his death and that she had only been working for him as a barmaid.

They told court Njeri was therefore not entitled to inherit his property since they were not legally married.

“At no time were the two married and I only knew her as a barmaid in one of the bars owned by my husband,” Wanjiru told court.

In her court papers, Njeri had also sought to be recognised as Ngotho’s second wife with who she said they had a relationship before his death.

She told the court she was Ngotho’s second wife and not a barmaid as claimed by Wanjiru and her children.

Njeri withdrew her claims on November 4, 2002 but later changed her mind. She told the High Court she had secured seven witness who would confirm she was Ngotho’s second wife.