WILFRED MACHARIA NAHASHON vs JOHN MBUGUA GITHAE & ANOTHER [2002] KEHC 818 (KLR)
- Court
- High Court of Kenya
- Case number
- 818
- Citation
- [2002] KEHC 818 (KLR)
The court dismissed the appeal, finding that the respondents were treated as sons of the deceased and that the deceased intended to treat them as such. The court also found that the respondents had a right to the deceased's estate and land.
Facts
The deceased, Nahashon Ruhiu, died in 1979 leaving behind a piece of land. His son WMN and his second wife N were the registered proprietors. WMN and N applied for joint letters of administration, which were granted. WMN then filed an affidavit protesting that the deceased had directed that N should have a life interest in the estate and that the land should be registered in his sole name. The Senior Resident Magistrate ordered the estate to be shared equally between WMN and N, with shares registered in the names of WMN and the respondents' sons.
Issues
- Whether the respondents were adopted by the deceased as his sons under Kikuyu customs
- Whether the respondents had a right to the deceased's estate and land
Reasoning
The court held that the respondents were treated as sons of the deceased and that the deceased intended to treat them as such. The court dismissed the appeal as the respondents had a right to the deceased's estate and land.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with no order for costs
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