Lawrence Waweru Mugo v Harrison Kiongo Miti [2014] KEHC 396 (KLR)
- Court
- High Court of Kenya
- Case number
- 396
- Citation
- [2014] KEHC 396 (KLR)
- Decided
- 25 November 2014
The court finds that the petitioner has failed to prove the existence of any marriage between his mother and the deceased and that he failed to prove that he was a dependent of the deceased as at the time of his death. The protestor is found to be the nearest relative of the deceased and the estate is distributed equally among the four protestors.
Facts
The deceased, Mugo Wangaru, died unmarried with no children or dependents. The petitioner, Lawrence Waweru Mugo, sought Letters of Administration. The objector, Harrison Kiongo Miti, contested the petition and proposed a distribution of the estate.
Issues
- Whether the deceased was married and if so to who.
- Whether the petitioner is a child of the deceased for purposes of succession.
- Whether the protestor is the nearest living relative of the deceased and as such entitled to his estate.
Reasoning
The court did not find evidence of a marriage between the petitioner's mother and the deceased. The petitioner also failed to prove his status as a dependent. The protestor's evidence was found to be unrebutted.
Outcome
The protestor's application is allowed, and the suit property is distributed equally among the four protestors.
Orders
- The suit property is distributed equally among the four protestors.
- Each party shall bear their own costs.
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