Reinhard v Reinhard & Reinhard & 3 others (Civil Appeal E006 of 2023) [2025] KECA 691 (KLR) (11 April 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 691
- Citation
- [2025] KECA 691 (KLR)
- Decided
- 11 April 2025
The appellant's appeal is devoid of merit and is dismissed with costs to the respondents excluding the 2nd respondent.
Facts
The deceased, Daniel Bernard Hefti, died in 1999. His grandson, Daniel Bernard Reinhard, and his daughter, Elisabeth Hefti Reinhard, filed a petition for grant of letters of administration intestate. The High Court issued a grant of letters of administration to the 1st respondents, who were the deceased's grandson and daughter. The suit properties were transferred to the appellant, who later appealed the decision.
Issues
- Whether the appellant approached the court in good faith
- Whether the deceased's will should be produced to determine the dispute in the deceased's estate
Reasoning
The court held that the appellant did not approach the court in good faith, as she transferred the suit properties to herself to the detriment of the deceased's rightful beneficiaries. The court emphasized that the validity of the will must be determined by the trial court after examining the evidence.
Outcome
Appeal dismissed
Orders
- Appeal dismissed with costs to the respondents excluding the 2nd respondent
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