In re Estate of Wilson Mburu Gataru (Deceased) (Succession Cause 1493 of 2013) [2024] KEHC 7989 (KLR) (Family) (21 June 2024) (Ruling)
- Court
- High Court of Kenya
- Case number
- 7989
- Citation
- [2024] KEHC 7989 (KLR)
- Decided
- 21 June 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPostureAppeal from a previous rulingCoramP M NYAUNDI
Holding
The application is merited and allowed with the orders for a sibling DNA examination to determine the paternity of the objector's children.
Facts
The deceased, Wilson Mburu Gatura, died intestate in 2010. His wife, Elizabeth Wairimu Njuguna, and his son, Kennedy Gatura Njuguna, petitioned for a grant of letters of administration in 2011, which was granted. The respondent attempted to revoke the grant in 2019, but the ruling was successfully reviewed.
Issues
- Whether the summons dated 17th April 2015 is merited
Reasoning
The court allows the application as it is in the best interest of the children to have doubts about paternity resolved.
Outcome
The application is allowed with the specified orders.
Orders
- Sibling DNA examination to determine paternity of JWG and BMG
Remedies
- Costs to be met by the Estate of the Deceased
Authorities cited
Cases cited (2)
- Nairobi High Court Succession Cause No. 123 of 2017
- High Court South Africa, Bother vs Dreyer (now Moller)
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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