Charles Rubia son’s widow wins dispute over family home
SEE ALSO :Charles Rubia is deadThe Court of Appeal took into consideration the financial contribution that she made direct or indirectly to the property that was gifted to her late husband Benard Njonjo by Rubia on their wedding day in September 1991. Rubia, who at one point wanted to be co-administrator of the estate is said to have gifted the two the property in Karen and Wanjiru made a substantial financial contribution to its construction and improvement during her 17 years marriage to Njonjo. Appellate judges William Ouko Roselyne Nambuye and Mohamed Warsame ruled that Wanjiru is entitled to life interest in the property and her separate share arising from the contribution that she made to its development cannot be lost of ignored. The court noted that Mwaitura, who was raised by his mother, never visited his father who died on June 26, 2008 at the age of 51. Wanjiru’s tribulations over her husband’s estate started after she was allowed by the court to manage the assets along with her step-son in April 2013. The High Court allowed them to distribute the estate a year later.
SEE ALSO :Obituary: Charles Rubia in picturesHowever, in March 2016, Mwaitura filed an application for the confirmation of the grant and proposed that the estate be distributed strictly in accordance with the Law of Succession Act. Section 35 of the Act provides the widow takes the personal and household effects and a life interest in the net intestate; and that upon termination of the life interest where the widow dies or remarries, the estate to devolve upon the surviving children. He confirmed to the court that the property was a wedding gift but could not explain the circumstances under which this was done. Wanjiru submitted that the property was her matrimonial home and that the same devolves upon her absolutely, adding that she can share equally the other assets in the estate with her stepson. However, High Court judge John Musyoka ruled that the property ceased to be a matrimonial home when Njonjo died and was part of the estate available for distribution
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