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…There is a presumption of due execution and capacity to make a will and the statutory burden as regards capacity is on the applicant - S. 5(4) of law of succession Act.…

…Starting with the law, it is clear that the applicant is challenging the validity of the will on two grounds - first, lack of due execution and lack of capacity to make the will.…

…application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to be paid within 7 days and the defendant execution…

…ordered by the court on 11.12.2013, the respondent Kerio Valley Development Authority to deposit the sum of Kshs.875,996.00 in an interest earning account in the names of the parties’ Advocates by 11.01.2014 and in default, execution…