[2014] KEHC 3855 (KLR)

[2014] KEHC 3855 (KLR)

The court found that the applicant, as the son of the missing person, is among those expected to have heard from MAINGI M’MBOGORI if he were alive. The evidence showed that neither the applicant nor any other family member had heard from or seen MAINGI M’MBOGORI for over 22 years, far exceeding the statutory minimum...

Source-derived case information.

Citation
[2014] KEHC 3855 (KLR)
Parties
Applicant: Wilfred Kirimi Maingi
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
17 July 2014
Case Number
Miscellaneous Civil Application 12 of 2014
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Application granted. Presumption of death order issued. No order as to costs.
Judges
AN Makau
Legal Topics
Presumption of Death, Missing Persons, Burden of Proof
Source Language
english
Civil Procedure Presumption of Death Missing Persons Burden of Proof

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Parties

Wilfred Kirimi Maingi

Applicant

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the court should presume MAINGI M’MBOGORI dead under Section 118A of the Evidence Act.
  2. 2 Whether the applicant has provided sufficient evidence that MAINGI M’MBOGORI has not been heard of for at least 7 years.

Ratio Decidendi

The court found that the applicant, as the son of the missing person, is among those expected to have heard from MAINGI M’MBOGORI if he were alive. The evidence showed that neither the applicant nor any other family member had heard from or seen MAINGI M’MBOGORI for over 22 years, far exceeding the statutory minimum of seven years. The court concluded that the requirements of Section 118A of the Evidence Act were met, establishing a rebuttable presumption of death. The applicant had proved his case on a balance of probabilities, and the order sought was granted.

Court Disposition

Application granted. Presumption of death order issued. No order as to costs.

Orders

  • It is hereby presumed that MAINGI M’MBOGORI is dead, having not been heard of for not less than 7 years.
  • No order as to costs.