Automated Summary
Key Facts
Agnes Wanja Thuku, wife of George Harry Thuku, applied for his presumed death after he disappeared in June 2014. Despite reporting his disappearance to local authorities and police, no trace of him has been found. The court dismissed the application due to insufficient evidence of due inquiry and lack of documentation like a police report or advertisements.
Issues
The primary issue was whether the court should issue an order declaring the subject (Geoffrey Harry Thuku) dead based on evidence that he has not been heard of since June 2014. The application relied on Section 118A of the Evidence Act, which requires proof of absence for seven years and due inquiry efforts. The court determined that insufficient evidence was provided to sustain the presumption of death, noting the lack of police reports, advertisements, or sworn affidavits from close family members confirming no contact.
Holdings
The court dismissed the application to presume the death of Geoffrey Harry Thuku, finding insufficient evidence to support the claim. The applicant failed to provide adequate proof of due inquiry and efforts to locate the missing individual.
Remedies
The Notice of Motion application is dismissed with no orders to costs.
Legal Principles
The court applied Section 118A of the Evidence Act, which establishes a rebuttable presumption of death when a person has not been heard of for seven years by those who might be expected to have heard of them if alive.
Cited Statute
- Civil Procedure Rules
- Civil Procedure Act
- Evidence Act
Judge Name
P.M. MULWA
Passage Text
- Section 118A of the Evidence Act states: 'Where it is proved that a person has not been heard of for seven years by those who might be expected to have heard of him if he were alive, there shall be a rebuttable presumption that he is dead.'
- The Notice of Motion application is dismissed with no orders to costs. It is so ordered.
- A person seeking an order for the presumption of death must adduce sufficient evidence to prove that due inquiry into the missing person has been made and the person cannot be traced.