Judgment[1998] KEHC 41
In Re Estate of Gatuthu Njuguna (Deceased) [1998] KEHC 41 (KLR)
High Court at Nairobihe could distribute the net estate,Njoroge,Njore,Daniel Mutua Mutisya,Henry Gichuhi Waiyaki,Flora,Florah,Mohammed Abdulla,Mahesh Shah,James Macharia Njore,Macharia Njore,Alluwalia,Ahluwalia,Henry Gachuhi,Waiyuka,Daniel Mutua Mutysa,Samuel Kitaka,Njore Mr GitakaCivil Appeal 329 of 2018
Division and case type: FamilySuccession Cause
…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 is dismissedDismissed19 min read