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E.M.M v. I.G.M & R.M.M

(2013) JELR 106807 (CA)

Court of Appeal  •  Civil Appeal 114 of 2012  •  25 Oct 2013  •  Kenya

Coram
Wanjiru Karanja, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant, E M M stakes his claim to the estate of the late G M M (deceased) on the ground that he is a biological son of the deceased. The respondents, I G M and R M M, the widow and daughter respectively of the deceased, vigorously oppose the claim as barefaced abuse by the appellant of the support and generosity that the appellant had extended to him as needy child. Whether one perceives this dispute as an expose of the deceased's double life during his sojourn on earth, or as a devious stratagem to acquire status and inheritance at the expense of his reputation, the net effect of the dispute has been to tie the family of the deceased in legal gargantuan knots for almost a quarter century, and to visit upon it disconcerting and stressful disinterment of his remains for futile Deoxyribonucleic Acid (DNA) testing. We shall briefly outline the background to the dispute before we consider the appellant's grounds of appeal.

The deceased, G M M was a career civil …

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