Search court decisions

…In the judgment of the court in that case where the appellant claimed the right to bury her husband as his personal representative, the Court of Appeal had the following to say: “But an administrator is not entitled to bring…

…She cannot legally claim the right to bury the body of her husband as his personal representative. It follows that if the appellant relies on the common law itself it will not assist her.…

…That section confers that power on personal representatives and on them alone.…

…As to who are personal representatives within the contemplation of the Act, section 3, the interpretative section, provides an all inclusive answer.…

…NANGURAI (AS PERSONAL REPRESENTATIVE OF HARRY LEWIS NANGURAI, NOW DECEASED)......................RESPONDENT (Appeal from the Decree/Judgment of the High Court of Kenya at Nairobi (Hon. Mr.…

…In the case of Frankline Kimathi Maariu & Another -vsPhilip Akungu Mitu Mborothi (Suing as administrator and personal representative of Anthony Mwiti Gakungu (Deceased) [2020] eKLR, the Court held as follows;- “In the present…

…Similarly in the case of Moses Mairua Muchiri Vs Cyrus Maina Macharia (Suing as the Personal representative of the estate of Mercy Nzula Maina (Deceased) [2016] eKLR, the court held as follows:- It has been held elsewhere…

…Subsection 2 of section 80 of the said Act provides:- “A claim by a registered society for a debt or demand due to it from a member or past member or from the nominee or personal representative of a deceased member whether…

…Section 82 of the law of Succession Act (Cap160) which came into force in July 1981, sets out the powers of a personal representative but these do not include the power to bury the deceased.…

…representatives.…