Benjamin Gachari Gakuu v Gideon Njogu [2013] KEHC 116 (KLR)
- Court
- High Court of Kenya
- Case number
- 116
- Citation
- [2013] KEHC 116 (KLR)
- Decided
- 16 December 2013
The court held that the applicant was indeed named as a beneficiary in the deceased's estate, but was not given a share because he was adequately provided for during the deceased's lifetime.
Facts
The applicant, Benjamin Gachari Gakuu, applied to revoke a grant issued to Gideon Njogu on 18th December, 2001, stating that he was not named in the schedule of distribution as a beneficiary. Njogu, the respondent, denied this, stating that Gakuu was indeed named as a beneficiary and was not given a share because he was adequately provided for during the deceased's lifetime.
Issues
- Whether the applicant was named as a beneficiary in the deceased's estate
- Whether the applicant was given a share of the estate
Reasoning
The court considered the summons, affidavits, and written submissions. It was established that Gakuu was listed as a beneficiary but did not receive a share of the estate, which Njogu claimed was due to adequate provision during the deceased's lifetime.
Outcome
The application for revocation of the grant was dismissed.
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