[2012] KEHC 1039 (KLR)

[2012] KEHC 1039 (KLR)

The court found that Boniface John Munyao had been missing since October 1991 and that all reasonable efforts to trace him had failed. The applicant, as his wife, had not heard from him for over 14 years, and supporting documentation from authorities and family members confirmed the disappearance. The court applied...

Source-derived case information.

Citation
[2012] KEHC 1039 (KLR)
Parties
Applicant: Regina Kalee Munyao
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
16 August 2012
Case Number
Miscellaneous Application 162 of 2010
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application allowed
Judges
GMA Dulu
Legal Topics
Presumption of Death, Probate and Administration, Missing Persons, Succession Proceedings
Source Language
english
Civil Procedure Family and Children Presumption of Death Probate and Administration Missing Persons Succession Proceedings

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Summary, issues, holding and outcome

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Parties

Regina Kalee Munyao

Applicant

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the court should presume the death of Boniface John Munyao under section 118A of the Evidence Act.
  2. 2 Whether the applicant has satisfied the legal requirements for a presumption of death order.

Ratio Decidendi

The court found that Boniface John Munyao had been missing since October 1991 and that all reasonable efforts to trace him had failed. The applicant, as his wife, had not heard from him for over 14 years, and supporting documentation from authorities and family members confirmed the disappearance. The court applied section 118A of the Evidence Act, which provides for a rebuttable presumption of death where a person has not been heard of for seven years by those who would be expected to hear from him if alive. The court was satisfied that the statutory requirements had been met and that the application was unopposed. Consequently, the court presumed Boniface John Munyao dead and granted...

Court Disposition

application allowed

Orders

  • Boniface John Munyao is hereby presumed dead.
  • Costs in the cause.