DAVID MUCHIRI MUTHIGANI V JULIUS MAINA MUNUHE [2009] KEHC 2900 (KLR)
- Court
- High Court of Kenya
- Case number
- 2900
- Citation
- [2009] KEHC 2900 (KLR)
- Decided
- 30 June 2009
David Muchiri Muthigani's protest is dismissed with costs to the applicant. The application for confirmation of grant is allowed.
Facts
The deceased, Munuhe Mirera Maingi, died on February 11, 1988. David Muchiri Muthigani petitioned for letters of administration, claiming to be the only surviving relative. Julius Maina Munuhe objected, claiming he was the rightful administrator and that the deceased had left the suit premises to his family.
Issues
- Whether David Muchiri Muthigani has locus standi to claim a portion of the deceased's estate
- Whether the deceased held the suit premises in trust for his family
Reasoning
The court found that David Muchiri Muthigani did not have locus standi to claim a portion of the deceased's estate as his father had passed away during the state of emergency and he had not obtained any representation for his father's estate. The court also noted that the deceased had left the suit premises to his family.
Outcome
Appeal dismissed
Orders
- Application for confirmation of grant allowed
Remedies
- Costs to the applicant
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