[2010] KEHC 3923 (KLR)
The court found that credible evidence was presented by the applicant and corroborated by the Assistant Chief, confirming that Tapsirorei Moimett died in 1966. The absence of a death certificate was explained by the lack of mandatory registration at the time. The court was satisfied that the requirements for...
Source-derived case information.
- Citation
- [2010] KEHC 3923 (KLR)
- Parties
- Applicant: Meshack Moimett; Respondent: Estate of Tapsirorei Moimett (Deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 479 of 2009
- Procedural Posture
- Succession Cause / Ruling on Application for Presumption of Death
- Outcome
- Application for presumption of death granted; application for grant of letters of administration may proceed.
- Judges
- SP Ouko
- Legal Topics
- Probate and Administration, Presumption of Death, Grant of Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Meshack Moimett
Applicant
Estate of Tapsirorei Moimett (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Presumption of Death
Legal Issues
- 1 Whether the court should presume the death of Tapsirorei Moimett in the absence of a death certificate.
- 2 Whether the applicant is entitled to proceed with the application for grant of letters of administration.
Ratio Decidendi
The court found that credible evidence was presented by the applicant and corroborated by the Assistant Chief, confirming that Tapsirorei Moimett died in 1966. The absence of a death certificate was explained by the lack of mandatory registration at the time. The court was satisfied that the requirements for presumption of death were met and therefore declared the deceased presumed dead, allowing the application for grant of letters of administration to proceed.
Court Disposition
Application for presumption of death granted; application for grant of letters of administration may proceed.
Orders
- The deceased, Tapsirorei Moimett, is presumed dead.
- The application for a grant of letter of administration may proceed in the normal manner.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Succession Cause 479 of 2009
IN THE MATTER OF THE ESTATE OF TAPSIROREI MOIMETT (DECEASED)
MESHACK MOIMETT…………...……….PETITIONER
RULING
This is an application under Rule 10 of the Probate and Administration Rules for an order of presumption of the death of TAPSIROREI MOIMET who is said to have died in 1966 at Masaba village, Koibatek District. It is averred that at the time of her death there was no requirement for mandatory registration of deaths hence her death was not recorded. The Assistant Chief Poror/Arama Sub-location has confirmed that indeed the deceased who hailed from his sub-location died on 7th July, 1966 and was survived by six adult dependants. It is also confirmed that the deceased had assets which the dependants would like to administer and have indeed applied for a grant of representation.
I am satisfied from the foregoing that the deceased died in 1966 as confirmed by the Assistant Chief and the applicant, by word of mouth. It is therefore declared that the deceased is presumed dead.
H.C.SUCC.C.NO.479 OF 2009
The application for a grant of letter of administration herein may proceed in the normal manner.
I make no orders as to costs.
Dated, Signed and Delivered at Nakuru this 29th day of January, 2010
W. OUKO
JUDGE