[2014] KEHC 5438 (KLR)
The court found that David Kariuki Waweru had not been seen or heard from by persons who would naturally have heard from him since 1982, a period exceeding the statutory requirement of seven years. The applicant demonstrated diligent efforts to locate the respondent, including public advertisement and confirmation...
Source-derived case information.
- Citation
- [2014] KEHC 5438 (KLR)
- Parties
- Applicant: Joyce Wanjiru; Respondent: David Kariuki Waweru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 34 of 2010
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application granted
- Legal Topics
- Presumption of Death, Joint Ownership, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Wanjiru
Applicant
David Kariuki Waweru
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether David Kariuki Waweru can be presumed dead under Section 118A of the Evidence Act.
- 2 Whether sufficient evidence exists to support the presumption of death for the purposes of land ownership.
Ratio Decidendi
The court found that David Kariuki Waweru had not been seen or heard from by persons who would naturally have heard from him since 1982, a period exceeding the statutory requirement of seven years. The applicant demonstrated diligent efforts to locate the respondent, including public advertisement and confirmation from local authorities. The absence of any claim or inquiry regarding the jointly owned land further supported the conclusion that the respondent is no longer alive. Accordingly, the court applied Section 118A of the Evidence Act and declared the respondent presumed dead from the date of judgment.
Court Disposition
application granted
Orders
- David Kariuki Waweru, joint owner of GATURI/GITHIMU/2434, is presumed dead from the date of this judgment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC. APPLICATION NO. 34 OF 2010
AND IN THE MATTER OF
SECTION 118A EVIDENCE ACT CAP. 80 LAWS OF KENYA
JOYCE WANJIRU …………………………...…….....APPLICANT
VERSUS
DAVID KARIUKI WAWERU ………………………RESPONDENT
J U D G M E N T
The applicant herein applied for David Kariuki Waweru to be presumed dead. She testified that he has not been seen or heard from him since 1982, a period of 31 years. She stated that she was registered in 1975 as joint proprietor with him of GATURI/GITHIMU/2434. She avers that the respondent was friend of her husband, Stanley Warua Kanyonyo, who passed away in 1992.
The Chief Embu Municipality location has confirmed that respondent was last seen in Dallas/Stadium Sub-location in 1982 and he has tried to locate his whereabouts without any success.
This suit was also advertised in the Standard newspaper on 1st April 2014 and no response has been forthcoming. The applicant testified that she has constructed a permanent building on the land which the respondent is a co-owner. In all probability he would have or those close to him would have laid claim to the land or inquired about the building.
I am satisfied that the same David Kariuki Waweru has not been seen or heard from by persons who would have been in association with him or known him. I therefore declare that David Kariuki Waweru, the joint owner of GATURI/GITHIMU/2434, shall be presumed dead from the date of this judgment.
DATED AND DELIVERED AT EMBU THIS 28TH DAY OF APRIL 2014
D.S. MAJANJA
J U D G E