In re Estate of M’tharanju alias Rithambu Tharanju (Deceased) (Family Appeal E002 of 2024) [2026] KEHC 4739 (KLR) (14 April 2026) (Judgment)

In re Estate of M’tharanju alias Rithambu Tharanju (Deceased) (Family Appeal E002 of 2024) [2026] KEHC 4739 (KLR) (14 April 2026) (Judgment)

The appellant proved on a balance of probabilities that he is a son of Stephen Kumira and thus a beneficiary entitled to inherit his deceased father’s share of the estate; the trial court erred in excluding him.

Source-derived case information.

Citation
[2026] KEHC 4739 (KLR)
Parties
Appellant: Moses Ntongai Stephen; Respondent: Margaret Kanungu M’Rithambu
Court
High Court
Jurisdiction
Kenya
Judgment Date
14 April 2026
Case Number
Family Appeal E002 of 2024
Procedural Posture
Family Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Intestate Succession, Beneficiary Entitlement, Interpretation of Section 39 Law of Succession Act
Source Language
english
Succession Law Intestate Succession Beneficiary Entitlement Interpretation of Section 39 Law of Succession Act

Source-derived case record

Summary, issues, holding and outcome

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Parties

Moses Ntongai Stephen

Appellant

Margaret Kanungu M’Rithambu

Respondent

Procedural Posture

Family Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant is a beneficiary entitled to the estate of the deceased
  2. 2 Whether the trial court erred in law and fact in dismissing the appellant’s objection

Ratio Decidendi

The appellant proved on a balance of probabilities that he is a son of Stephen Kumira and thus a beneficiary entitled to inherit his deceased father’s share of the estate; the trial court erred in excluding him.

Court Disposition

appeal allowed

Orders

  • The appellant to be included as a beneficiary of the estate of the deceased