[2019] KECA 290 (KLR)

[2019] KECA 290 (KLR)

The Court of Appeal found that the alleged oral will was invalid under Section 9 of the Law of Succession Act because the deceased died more than three months after the date of the purported oral will. Consequently, the deceased died intestate. Section 38 of the Law of Succession Act therefore applied, requiring...

Source-derived case information.

Citation
[2019] KECA 290 (KLR)
Parties
Appellant: Dr. Symon Wairagu Githae; Respondent: Albert Njeru Githae
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Appeal 146 of 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
J Wakiaga, MA Warsame, F Sichale
Legal Topics
Succession, Intestate Distribution, Oral Wills, Validity of Wills
Source Language
en
Family and Children Succession Intestate Distribution Oral Wills Validity of Wills

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Summary, issues, holding and outcome

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Parties

Dr. Symon Wairagu Githae

Appellant

Albert Njeru Githae

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the alleged oral will made by the deceased was valid under Kenyan law.
  2. 2 Whether the respondent should be excluded from inheritance based on the alleged oral will and his conduct.
  3. 3 Whether the trial court erred in ordering equal distribution of the estate among the deceased's children.

Ratio Decidendi

The Court of Appeal found that the alleged oral will was invalid under Section 9 of the Law of Succession Act because the deceased died more than three months after the date of the purported oral will. Consequently, the deceased died intestate. Section 38 of the Law of Succession Act therefore applied, requiring equal distribution of the estate among all surviving children. The court held that the trial judge was correct in rejecting the oral will and in ordering equal distribution, as the law does not allow exclusion of a child from inheritance in the absence of a valid will, regardless of any alleged bad blood or misconduct. The appeal was dismissed as lacking merit.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • No order as to costs.