Ephantus Gikonyo Maina & 2 others v Muraguri Gathegu [2016] KEHC 1851 (KLR)
- Court
- High Court of Kenya
- Case number
- 1851
- Citation
- [2016] KEHC 1851 (KLR)
- Decided
- 11 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous ruling dismissing the Plaintiffs' claim for a declaration that they are the biological children of the Defendant and entitled to inherit his properties.CoramH P G WAWERU
Holding
The Plaintiffs' claim is res judicata and the suit is hereby struck out with costs to the Defendant.
Facts
The Plaintiffs, Ephantus Gikonyo Maina, Harrison Maina Gikonyo, and John Mwangi Maina, are seeking a declaration that they are the biological children of the Defendant, Muraguri Gathegu, and entitled to inherit his properties. The Defendant is alive and well.
Issues
- Whether the Plaintiffs' claim is res judicata due to a previous ruling dismissing their claim in a previous case.
- Whether the Plaintiffs have a reasonable cause of action to inherit the Defendant's properties as they are adults and the Defendant is alive.
Reasoning
The Plaintiffs' claim is res judicata because it was previously dismissed for failure to disclose a reasonable cause of action. The Plaintiffs are attempting to enforce their perceived rights of inheritance under the Law of Succession Act in respect to the estate of a living person, which is misconceived.
Outcome
The Plaintiffs' suit is struck out with costs to the Defendant.
Orders
- The Plaintiffs' suit is hereby struck out with costs to the Defendant.
Authorities cited
Legislation (1)
- Law of Succession Act, Cap 160
Cases cited (1)
- Murang’a CMCC No. 166 of 2012
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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