Kimathi Shadrack Etirikia v Teresia Ntundu M’imana & another [2019] KEHC 3570 (KLR)
- Court
- High Court of Kenya
- Case number
- 3570
- Citation
- [2019] KEHC 3570 (KLR)
- Decided
- 9 October 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the High Court of Kenya at MauaCoramHON A. ONG’INJO
Holding
The appeal is dismissed with costs to the respondents.
Facts
The deceased died intestate, leaving an estate. The appellant, Kimathi Shadrack Etirikia, claimed to be the son of the deceased and sought a grant of representation. The 1st respondent, Teresia Ntundu M'Imana, and the 2nd respondent, Rael Atia, opposed the grant.
Issues
- Who has the right to apply for a grant of representation for the deceased's estate?
- Whether the appellant is the son of the deceased and thus entitled to the grant.
Reasoning
The court found that the appellant cannot be the son of the deceased due to the discrepancy in birth dates and the lack of evidence supporting his claim. The court also noted that the appellant did not give notice to the beneficiaries and that the trial court's orders to obtain a letter from the chief detailing beneficiaries were proper.
Outcome
Appeal dismissed
Orders
- Appellant to pay for copying charges to be supplied with a copy of Judgment.
Authorities cited
Legislation (1)
- 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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