[2018] KEKC 32 (KLR)

[2018] KEKC 32 (KLR)

The court found that the previous grant issued in Succession Cause 25/1994, which allocated the entire estate to one person, was contrary to both the Law of Succession Act and Islamic law, which require distribution among heirs according to Quranic shares. The court noted that the grant had become useless and...

Source-derived case information.

Citation
[2018] KEKC 32 (KLR)
Parties
Applicant: Abdi Mohamed; Applicant: Musa Odera Mohamed; Respondent: Saidi Mohamed; Respondent: Tufa Lisero
Court
Kadhis Courts
Court Station
Kadhis Court at Kisumu
Jurisdiction
Kenya
Case Number
Succession Cause 37 of 2014
Procedural Posture
Succession Cause / Ruling on Admissibility of New Documents and Validity of Grant
Outcome
Application to introduce new documents and rely on previous grant dismissed; estate to be distributed in accordance with Islamic law.
Legal Topics
Muslim Succession, Grant Confirmation, Revocation of Grant, Distribution of Estate, Res Judicata, Kadhi Court Jurisdiction
Source Language
en
Family and Children Civil Procedure Muslim Succession Grant Confirmation Revocation of Grant Distribution of Estate Res Judicata Kadhi Court Jurisdiction

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Summary, issues, holding and outcome

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Parties

Abdi Mohamed

Applicant

Musa Odera Mohamed

Applicant

Saidi Mohamed

Respondent

Tufa Lisero

Respondent

Procedural Posture

Succession Cause / Ruling on Admissibility of New Documents and Validity of Grant

Legal Issues

  1. 1 Whether the grant issued in Succession Cause 25/1994 is valid and applicable under Islamic law and the Law of Succession Act.
  2. 2 Whether the introduction of new documents (certificate of confirmation, grant, will) at this stage is procedurally proper.
  3. 3 Whether the estate should be distributed afresh or the previous grant stands.

Ratio Decidendi

The court found that the previous grant issued in Succession Cause 25/1994, which allocated the entire estate to one person, was contrary to both the Law of Succession Act and Islamic law, which require distribution among heirs according to Quranic shares. The court noted that the grant had become useless and inoperative, as the estate remained in the name of the deceased for over 24 years without proper distribution. The attempt to introduce new documents at this late stage was viewed as an abuse of court process and a tactic to delay justice. The court held that the matter should not be refiled or reheard, as the proper course is to proceed with distribution in accordance with Islamic...

Court Disposition

Application to introduce new documents and rely on previous grant dismissed; estate to be distributed in accordance with Islamic law.

Orders

  • The suit petition relating to the estate of German Mohammed, being the same as the estate in question, will proceed to determination of the application filed on 19/9/2017 by the respondent as Islamic law allows distribution according to Quranic shares.
  • The petition may be amended to qualify and capture the arguments of advocates.