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Ruth Nyambura Chuchu,Zipporah Wangui Chuchu & Florence Njeri Chuchu v. Stephen Gathoga Chuchu Alias Stephen Mungai Githu

(2014) JELR 94173 (CA)

Court of Appeal  •  Civil Appeal 258 of 2008  •  10 Oct 2014  •  Kenya

Coram
Jamila Mohammed, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal relates to the estate of Solomon Chuchu Wataku alias Chuchu Wataku Gathiba (hereafter deceased), late of Githunguri, Kiambu, who died on 9th March, 2006. The three appellants, Ruth Nyambura Chuchu, Zipporah Wangui Chuchu and Florence Njeri Chuchu who are the widows and joint administrators of the estate of the deceased, challenge a ruling of the High Court that ordered the taking of DNA samples from 5 sons of the deceased for purposes of determining whether the deceased was the respondent’s father. They contend that the application that was heard by the High Court and which ought to have been determined, but was not, was a summons for revocation of grant, not an application for determination of the respondent’s paternity.

The deceased left behind a vast estate estimated at the time of his death to be valued at approximately Kshs 138 million and was survived by his three appellant widows and twenty undisputed children. Following his death, the appellants…

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