[2013] KEHC 1178 (KLR)
The court found that the applicant, as a joint holder of the grant of representation, had established sufficient grounds for the transfer and consolidation of the Kadhi's Court succession cause with the present High Court matter. The court recognized that the schedule to the certificate of grant clearly identified...
Source-derived case information.
- Citation
- [2013] KEHC 1178 (KLR)
- Parties
- Applicant: Applicant (Petitioner); Respondent: Salma Rashid Khamis
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 64 of 2000
- Procedural Posture
- Succession Cause / Ruling on Application for Transfer and Consolidation
- Outcome
- Application allowed; transfer and consolidation granted.
- Judges
- GO Shikwe
- Legal Topics
- Succession of Estates, Grant of Representation, Distribution of Estate, Islamic Law Inheritance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Applicant (Petitioner)
Applicant
Salma Rashid Khamis
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Transfer and Consolidation
Legal Issues
- 1 Whether Mombasa Kadhis Succession Cause No. 39 of 2007 should be transferred to the High Court and consolidated with Succession Cause No. 64 of 2000.
- 2 Whether the distribution of the estate should proceed under the guidance of the Chief Kadhi in accordance with Islamic Law.
Ratio Decidendi
The court found that the applicant, as a joint holder of the grant of representation, had established sufficient grounds for the transfer and consolidation of the Kadhi's Court succession cause with the present High Court matter. The court recognized that the schedule to the certificate of grant clearly identified the heirs and assets, and that the mode of distribution was to be in accordance with Islamic Law under the guidance of the Chief Kadhi. There being no opposition from the co-holder of the grant, the court was satisfied that the application had merit and granted the transfer as prayed, thereby facilitating the final distribution of the estate in accordance with the law.
Court Disposition
Application allowed; transfer and consolidation granted.
Orders
- Mombasa Kadhis Succession Cause No. 39 of 2007 is transferred to the High Court and consolidated with Succession Cause No. 64 of 2000.
- Costs in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
FAMILY DIVISION
SUCCESSION CAUSE NO. 64 OF 2000
ESTATE OF ABDALLA SALIM ALI JENEBY - DECEASED
RULING
This application by way of Notice of Motion dated 9th September, 2013 and expressed to be brought under section 3A of the Civil Procedure Act and order 18 of the Civil Procedure Rules seeks the transfer to this Court Mombasa Kadhis Court Succession Cause No. 39 of 2007 In the matter of the Estate of Abdalla Salim Ali Jeneby – Deceased.
The grounds being that the applicant /petitioner is a joint holder with Salma Rashid Khamis of a Grant of representation in this matter.
That the schedule to the certificate of grant indicates the Heirs to the Estate herein. The Assets are also clearly stated.
The schedule to the certificate of grant has also clearly provided for the mode of distribution which has to be in accordance with Islamic Law and under the Guidance of the Chief Kadhi.
By an order made on 1st April, 2008 in Mombasa Kadhi Succession Cause No. 39 of 2007 in the mater of Abdalla Salim Ali Jeneby the shares of the beneficiaries to the above Estate were determined by the Chief Kadhi and the Estate awaits to be distributed and it is the petitioners prayer that Mombasa Kadhis Succession Cause No. 39 of 2007 in the matter of Abdalla Salim Ali Jeneby be transferred to this Court and be Consolidated with the matter herein.
This application was served on Salma Rashid a co holder of a grant of Representation.
I am satisfied that it has merit and the transfer is granted in terms of prayer 6 of the Notice of Motion application dated 9th September, 2013.
Costs in the cause.
Ruling delivered dated and signed this 12th November, 2013.
….......................
M. MUYA
JUDGE
12TH NOVEMBER, 2013
In the presence of:-
Learned advocate for the applicant Mr. Maosa
Court clerk Musundi