[2002] KEHC 247 (KLR)

[2002] KEHC 247 (KLR)

The court found that the applicants had established that their father, Kinyenje Wanjugu, disappeared in 1967 and has not been seen or heard from since. Applying Section 114 of the Evidence Act, the court was satisfied that the presumption of death was warranted. The Notice of Motion was therefore granted as prayed,...

Source-derived case information.

Citation
[2002] KEHC 247 (KLR)
Parties
Applicant: Applicants (children of Kinyenje Wanjugu); Respondent: Kinyenje Wanjugu (Deceased)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Children Miscellaneous Application 50 of 2002
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Notice of Motion
Outcome
Notice of Motion granted as prayed.
Legal Topics
Presumption of Death, Ex Parte Applications
Source Language
en
Civil Procedure Presumption of Death Ex Parte Applications

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Summary, issues, holding and outcome

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Parties

Applicants (children of Kinyenje Wanjugu)

Applicant

Kinyenje Wanjugu (Deceased)

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Notice of Motion

Legal Issues

  1. 1 Whether the applicants have established sufficient grounds for the presumption of death of Kinyenje Wanjugu under the Evidence Act, Cap 80, Section 114.
  2. 2 Whether the court should grant the orders sought in the ex parte Notice of Motion.

Ratio Decidendi

The court found that the applicants had established that their father, Kinyenje Wanjugu, disappeared in 1967 and has not been seen or heard from since. Applying Section 114 of the Evidence Act, the court was satisfied that the presumption of death was warranted. The Notice of Motion was therefore granted as prayed, as the applicants met the legal threshold for the orders sought.

Court Disposition

Notice of Motion granted as prayed.

Orders

  • The Notice of Motion dated 6th August, 2002 is granted as prayed.
  • The two original exhibits produced are to be released to Mrs Odhiambo upon her oral application.