In Re The Estate of Heinz Gerd Meyer (Deceased) [2008] KEHC 1093 (KLR)
- Court
- High Court of Kenya
- Case number
- 1093
- Citation
- [2008] KEHC 1093 (KLR)
- Decided
- 28 August 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureAppeal from a declaration of deathCoramJ.K. SERGON
Holding
Heinz Gerd Meyer is declared dead on condition that the order is published in one national newspaper in Kenya and Germany.
Facts
Rosemary Makokha claimed Heinz Gerd Meyer was dead since May 2000, citing lack of communication and his departure from Kenya. Heinz Gerd Meyer was registered as co-owner of property in Kenya and Treasury Bill issue No. 1286.
Issues
- Whether Heinz Gerd Meyer is dead since May 2000
- Whether the applicant has met the requirements to make a presumption of death
Reasoning
The applicant met the requirements under Section 118A of the Evidence Act, including the presumption of death due to lack of communication and the seven-year period.
Outcome
Appeal allowed
Orders
- Order nisi to be made absolute 60 days after publication in one national newspaper in Kenya and Germany
Remedies
- Publication of the order in one national newspaper in Kenya and Germany
Authorities cited
Legislation (2)
- Evidence Act
- Law of Succession Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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