[2025] KEHC 3186 (KLR)
The court found that there was no coherent or credible evidence to establish that the objector's mother was accepted by the deceased as her child or that she took care of the deceased immediately before her demise. The applicant failed to discharge the burden of proof required to establish such a relationship for...
Source-derived case information.
- Citation
- [2025] KEHC 3186 (KLR)
- Parties
- Applicant: Laban Kangunda Thumi; Respondent: Daniel Maina Githuku
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 179 of 2012
- Procedural Posture
- Succession Cause / Ruling
- Outcome
- application dismissed
- Judges
- SM Mohochi
- Legal Topics
- Succession, Inheritance Rights, Proof of Relationship
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Laban Kangunda Thumi
Applicant
Daniel Maina Githuku
Respondent
Procedural Posture
Succession Cause / Ruling
Legal Issues
- 1 Whether the objector's mother was accepted by the deceased as her child for purposes of inheritance.
- 2 Whether there is sufficient evidence that the objector's mother took care of the deceased immediately before her demise.
Ratio Decidendi
The court found that there was no coherent or credible evidence to establish that the objector's mother was accepted by the deceased as her child or that she took care of the deceased immediately before her demise. The applicant failed to discharge the burden of proof required to establish such a relationship for purposes of inheritance under the Law of Succession Act. Consequently, the application lacked merit and was dismissed.
Court Disposition
application dismissed
Orders
- The application is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
In re Estate of Eunice Wambui Ngobia (Deceased) (Succession Cause 179 of 2012) [2025] KEHC 3186 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 3186 (KLR)
Republic of Kenya
In the High Court at Nakuru
Succession Cause 179 of 2012
SM Mohochi, J
February 27, 2025
IN THE MATTER OF THE ESTATE OF THE LATE EUNICE WAMBUI NGOBIA (DECEASED)
Between
In The Matter of Laban Kangunda Thumi
Applicant
and
Daniel Maina Githuku
Respondent
Ruling
1. I cannot find coherent evidence that the deceased had accepted the objector’s mother as her child and that immediately before her demise she took care of Eunice Wambui.
2. I further note that Eunice Wambui who pre-deceased the deceased herein by nine (9) years (2005 date of death) – 2011).
3. I find the application to be without merit and the same is accordingly dismissed.
RULING READ, SIGNED AND DELIVERED AT NAKURU THIS 27TH DAY OF FEBRUARY, 2025MOHOCHI. S. M.JUDGE