Rose Nafula Wanyama v Nusra Nasambu Chibanga & another [2020] KECA 933 (KLR)
- Court
- Court of Appeal
- Case number
- 933
- Citation
- [2020] KECA 933 (KLR)
- Decided
- 31 January 2020
The 2nd respondent is not the son of the deceased and cannot be a beneficiary of the deceased's estate. There was no evidence supporting any of the particulars of fraud as itemized in the plaint.
Facts
The suit property was registered in the name of the deceased, Mr. Weyeye Chimbanga, who died in 1962. The 1st respondent is the widow of the deceased and the 2nd respondent is her son. The 1st respondent and the deceased had two children, the 2nd respondent and Mektilda Nekesa Wanyama. The 2nd respondent was born in 1972, ten years after the death of the deceased.
Issues
- Whether the 2nd respondent is the son of the deceased
- Whether the 1st respondent can be a beneficiary of the deceased's estate
- Whether there was fraud in the transfer of the suit property
Reasoning
The 2nd respondent was born long after the death of the deceased and cannot be regarded as a dependant or beneficiary of the estate. The trial court's finding that the 1st respondent can be a beneficiary of the deceased's estate was incorrect.
Outcome
Affirmed
Authorities cited
Cases cited (5)
- Selle -vs- Associated Motor Boat Co. [1968] EA 123
- Amen -vs- Astrue, 822 N. W. 2d 419 Nebraska
- In re Estate of M'mboroki s/o Maraja (deceased), (2009) eKLR
- In re Estate of the Late Wandimu Munyi (Deceased) eKLR - Keruguya Succession Cause No. 23 of 2013
- Ndolo -v- Ndolo (2008) 1 KLR (G & F) 742
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