REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT MOMBASA
(Coram: Law, Potter and Hancox, JJ.A. and Chesoni, Ag, J.A.)
CIVIL APPEAL NO. 30 OF 1983
BETWEEN
PHILIMON JUMBA MANASE ................ APPELLANT
AND
PUBLIC TRUSTEE ............................. RESPONDENT
(Appeal from the ruling of the High Court of
Kenya at Kakamega (Gicheru, Ag, J.) dated
18th January, 1983
in
Misc Civil Case App. No. 52 of 1982)
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 h…