[2017] KEHC 2028 (KLR)

[2017] KEHC 2028 (KLR)

The court found that the central issue was the disputed paternity of the Applicant and his siblings in relation to the deceased, which directly affects their entitlement to the estate. Given the conflicting accounts and lack of conclusive evidence, the court determined that a practical approach was necessary to...

Source-derived case information.

Citation
[2017] KEHC 2028 (KLR)
Parties
Respondent: Ciomatau M’Imula; Applicant: Charles Gitonga Kiramunya
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Succession Cause 351 of 2004
Procedural Posture
Succession Cause / Partial Ruling on Application for Revocation of Grant
Outcome
DNA testing ordered to resolve paternity dispute; determination of revocation of grant deferred pending results.
Judges
F Gikonyo
Legal Topics
Revocation of Grant, Paternity Dispute, Inheritance Rights
Source Language
en
Family and Children Revocation of Grant Paternity Dispute Inheritance Rights

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Summary, issues, holding and outcome

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Parties

Ciomatau M’Imula

Respondent

Charles Gitonga Kiramunya

Applicant

Procedural Posture

Succession Cause / Partial Ruling on Application for Revocation of Grant

Legal Issues

  1. 1 Whether the Applicant and his siblings are biological children of the deceased and thus rightful heirs to the estate.
  2. 2 Whether the grant issued to the Petitioner should be revoked for failure to involve all rightful heirs.

Ratio Decidendi

The court found that the central issue was the disputed paternity of the Applicant and his siblings in relation to the deceased, which directly affects their entitlement to the estate. Given the conflicting accounts and lack of conclusive evidence, the court determined that a practical approach was necessary to resolve the matter. The court ordered DNA testing of the Applicant, his siblings, and the Petitioner (who is not in dispute as the deceased's mother) to establish whether the Applicant and his siblings are indeed children of the deceased. The outcome of the DNA test will inform the court's final decision on the application for revocation of grant. Each party is to bear their own...

Court Disposition

DNA testing ordered to resolve paternity dispute; determination of revocation of grant deferred pending results.

Orders

  • DNA testing to be carried out within sixty (60) days on the three Applicants and the Petitioner to determine whether the Applicants are siblings of the deceased.
  • Each party to bear own costs of the DNA testing exercise.