Case ID:159683

In re Estate of Alois Obunaka Eshikumo (Deceased) [2020] eKLR

Case Metadata

Case Number:

Succession Cause 2220 of 2014

Parties:

In re Estate of Alois Obunaka Eshikumo (Deceased)

Date Delivered:

11 Jun 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Abida Ali-Aroni

Citation:

In re Estate of Alois Obunaka Eshikumo (Deceased) [2020] eKLR

Court Division:

Family

County:

Nairobi

Case Outcome:

Placed for mention

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

FAMILY DIVISION

SUCCESSION CAUSE NO. 2220 OF 2014

IN THE MATTER OF THE ESTATE OF ALOIS OBUNAKA

ESHIKUMO (DECEASED)

R U L I N G

1. The deceased

Alois Obunaka Eshikumo

died on the 4

th

of November, 2008 and on the 24

th

of February, 2015 grant of Letters of Administration were issued to the Public Trustee.

2.

In its initially application to court and based on a letter dated 28

th

June, 2012 the Public Trustee indicated that the deceased was survived by his parents

Joseph Eshikumo

and

Frida Achungo Shikomo.

3.

However just before the application for confirmation could be set down for hearing the Public Trustee in a letter addressed to her by the District Commissioner Khwisero and dated 26

th

February 2016was informed that the deceased left behind a widow,

Beverly Akeng’o

Atenya

and a child

, Amanda Janepher Nyakowa

4. Following the above, the Public Trustee moved this court on the 3

rd

of July, 2017 seeking to have the court interrogate the matter and make a determination as to who the correct beneficiaries of the Estate are.

5. In order to arrive at a determination, the court on the 10

th

of July, 2018 directed as follows;

“That Joseph Eshikomu Odhiambo and Amanda Janepher Nyakowa do undergo a DNA test at the Government Chemist to ascertain whether Amanda Janepher Nyakowa is the grand child of Joseph Eshikumo Odhiambo.”

6. The Government Chemist in error conducted a test to ascertain whether the subject is a child of Joseph Eshikumo Odhiambo as opposed to a grandchild.

7. Based on the error the results were negative. It is not for this court to assume that since the subject was not found to be a child of

Joseph Eshikomu Odhiambo

, that, it therefore follows that he is not the child’s grandfather.

8. Consequently, the parties are to report back to the Government Chemist who should rectify the anomaly.

9. For avoidance of doubt

Joseph Eshikomu Odhiambo

is a purported grandfather of

Amanda Janepher Nyakowa

and the court wants to establish whether there is any link between the two through the deceased

Alois Obunaka Eshikumo

alleged father.

10. The Public Trustee is directed to facilitate the Government’s Chemist repeal results at no cost to the litigants.

11. Matter to be mentioned within 60 days.

Dated Delivered and signed this 11

th

day of June, 2020.

....................

ALI-ARONI

JUDGE