[2013] KEHC 4239 (KLR)
The court found that, since the deceased lived and died in Malindi and for the sake of convenience and transparency, it was appropriate to transfer the succession proceedings from the Mombasa Kadhi's Court to the Kadhi's Court in Malindi. The absence of opposition from the respondents further supported the decision...
Source-derived case information.
- Citation
- [2013] KEHC 4239 (KLR)
- Parties
- Applicant: Ahmed Said Bujra; Applicant: Swafia Abdallai; Respondent: Ali Ahmed Ali; Respondent: Mamud H. Mohammed
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 6 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- Judges
- JV Juma
- Legal Topics
- Succession Matters, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ahmed Said Bujra
Applicant
Swafia Abdallai
Applicant
Ali Ahmed Ali
Respondent
Mamud H. Mohammed
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Proceedings
Legal Issues
- 1 Whether the succession proceedings should be transferred from Mombasa Kadhi's Court to the Kadhi's Court in Malindi for convenience and transparency.
Ratio Decidendi
The court found that, since the deceased lived and died in Malindi and for the sake of convenience and transparency, it was appropriate to transfer the succession proceedings from the Mombasa Kadhi's Court to the Kadhi's Court in Malindi. The absence of opposition from the respondents further supported the decision to grant the application for transfer.
Court Disposition
Application for transfer of proceedings granted.
Orders
- The file is transferred from Mombasa Kadhi's Court to the Kadhi's Court in Malindi.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Miscellaneous Application 6 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
1. AHMED SAID BUJRA
2. SWAFIA ABDALLAI……………………………...APPLICANTS
VERSUS
1. ALI AHMED ALI
2. MAMUD H. MOHAMMED…………………..RESPONDENTS
RULING
Before court is the applicant’s notice of motion dated 2nd April, 2013 seeking to have these proceedings transferred from Mombasa Kadhi’s Court. The application was served on the respondent who is not in court today. No papers have been filed to oppose the transfer. I note from the record that this is a succession matter. The deceased lived and died in Malindi.
For purposes of convenience and transparency, it would be appropriate the matter be heard before the Kadhi’s Court in Malindi. As such, I do hereby direct that this file be transferred from Mombasa to the Kadhi’s court in Malindi.
It is so ordered.
Dated and delivered in Mombasa this 15th day of April, 2013.
M. ODERO
JUDGE
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