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PUBLIC TRUSTEE V. PUBLIC TRUSTEE

(1983) JELR 95238 (CA)

Court of Appeal  •  civ app 30 of 83  •  23 Jun 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alan Robin Winston Hancox, Kenneth D Potter

Judgement

JUDGEMENT OF CHESONI AG. J.A.

Moses Changara was the brother of the appellant Philimon Jumba Manase. Moses died on 18th August, 1979 and was survived by a son namely Kerembogo Changara Buyala. At the time of Moses’ death Kerembogo was only 2 1⁄2 years old and the infant’s mother who had been cohabiting with Moses when he was alive abandoned the infant , Philimon assumed care, control and custody of Kerembogo and in August, 1982 he successfully applied for such custody care and control of Kerembogo under the Guardianship of Infants Act (Cap. 144). After succeeding in what appears to have been the first hurdle Philimon applied to be appointed the “new Trustees”, we believe, of Kerembogo, although in his affidavit in support of the application he referred to being appointed as the new administrator of his late brother’s estate. It is not clear a to what remains to be administered in the estate, but he made it clear at the time of his application that the purpose of application of January,…

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