[2007] KEHC 2120 (KLR)
The court found that Asha Juma Shafi was not the administratrix of the Estate of Juma Shafi, deceased, but rather held limited letters of administration for the Estate of Mohamed Shafi Heri, deceased. The documents annexed to the applicant's affidavit confirmed this fact. As such, the application for revocation was...
Source-derived case information.
- Citation
- [2007] KEHC 2120 (KLR)
- Parties
- Applicant: Rehema Juma Shafi; Respondent: Asha Juma Shafi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 12 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Preliminary Objection
- Outcome
- application struck out with costs to the respondent
- Legal Topics
- Probate and Administration, Revocation of Grant, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rehema Juma Shafi
Applicant
Asha Juma Shafi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether Asha Juma Shafi was the administratrix of the Estate of Juma Shafi, deceased.
- 2 Whether the application for revocation of limited letters of administration was properly brought against Asha Juma Shafi.
Ratio Decidendi
The court found that Asha Juma Shafi was not the administratrix of the Estate of Juma Shafi, deceased, but rather held limited letters of administration for the Estate of Mohamed Shafi Heri, deceased. The documents annexed to the applicant's affidavit confirmed this fact. As such, the application for revocation was improperly directed at Asha Juma Shafi in relation to the wrong estate. The preliminary objection raised by the respondent was therefore meritorious. The court allowed the preliminary objection and struck out the application with costs to the respondent.
Court Disposition
application struck out with costs to the respondent
Orders
- The preliminary objection is allowed as prayed with costs to the respondent.
- The application is struck out with costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
MISC SUCC CASE NO 12 OF 2012
IN THE MATTER OF THE ESTATE OF:
MOHAMED SHAFI HERI (DECEASED)
R U L I N G
By a summons dated 18th April 2007, Rehema Juma Shafi applied to have the limited letter of administration in respect of the Estate of Juma Shafi, deceased, issued to Asha Juma Shafi to be revoked. She filed an affidavit she swore in support of the application.
When served with the summons, Asha Juma Shafi filed a notice of preliminary objection to oppose the summons. In that notice, she claimed that she was not the administratrix of the Estate of Juma Shafi, deceased. She urged this court to strike out the application.
I have perused the summons plus the supporting affidavit. I have also perused the notice of the preliminary objection. It is clear that the Respondent herein, Asha Juma Shafi was granted limited letters of administration in respect of the Estate of Mohamed Shafi Heri, deceased. In this regard I agree with the submissions of Mr. Alwenya, learned advocate for Asha Juma Shafi, that his client is not the administratrix of the Estate of Juma Shafi. The documents annexed to the affidavit of Rehema Juma Shafi indicate that Asha Juma Shafi was granted limited letters of administration in respect of the Estate of Mohamed Shafi Heri. For the above reasons I am convinced that the preliminary objection has merit, it is allowed as prayed with costs to the Respondent. Consequently the application is struck out with costs.
Dated and delivered at Mombasa this 18th day of May 2007.
J.K. SERGON
J U D G E
In open court in the presence of Mr. Alwenya for the Respondent and in the presence of the applicants.