[2014] KEHC 1846 (KLR)
The court determined that, in the interests of justice and to ensure that no beneficiary is denied a hearing, it is appropriate to stay the proceedings and any sale or distribution of the estate property pending the hearing and determination of the summons for leave to appeal. The court exercised its inherent...
Source-derived case information.
- Citation
- [2014] KEHC 1846 (KLR)
- Parties
- Applicant: Zeinab Khalifa; Applicant: Rahima Khalifa; Applicant: Fatuma Mohamed Said; Applicant: Salim Mohamed Said; Applicant: Abdulkarim Mohamed Said; Respondent: Abdulrazak Khalifa; Respondent: Omar Mohamed Said
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 62 of 2000
- Procedural Posture
- Succession Cause / Application for Leave to Appeal and Stay of Proceedings
- Outcome
- Application for stay granted suo moto; proceedings and sale/distribution of estate property stayed pending hearing and determination of the summons dated 3rd July, 2014.
- Judges
- JV Juma
- Legal Topics
- Succession, Estate Administration, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zeinab Khalifa
Applicant
Rahima Khalifa
Applicant
Fatuma Mohamed Said
Applicant
Salim Mohamed Said
Applicant
Abdulkarim Mohamed Said
Applicant
Abdulrazak Khalifa
Respondent
Omar Mohamed Said
Respondent
Procedural Posture
Succession Cause / Application for Leave to Appeal and Stay of Proceedings
Legal Issues
- 1 Whether the beneficiaries should be granted leave to appeal the consent order made on 20/6/2014.
- 2 Whether proceedings and sale/distribution of the estate property should be stayed pending determination of the application for leave to appeal.
Ratio Decidendi
The court determined that, in the interests of justice and to ensure that no beneficiary is denied a hearing, it is appropriate to stay the proceedings and any sale or distribution of the estate property pending the hearing and determination of the summons for leave to appeal. The court exercised its inherent jurisdiction to prevent possible prejudice to the beneficiaries and to uphold the right to be heard, especially in a succession matter where the interests of multiple parties are at stake.
Court Disposition
Application for stay granted suo moto; proceedings and sale/distribution of estate property stayed pending hearing and determination of the summons dated 3rd July, 2014.
Orders
- Proceedings in the matter are stayed.
- Any sale and/or distribution of the estate property is stayed pending hearing and determination of the summons dated 3rd July, 2014.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
SUCCESSION CAUSE NO. 62 OF 2000
IN THE MATTER OF THE ESTATE OF ESHA MOHAMED ADAM (DECEASED)
AND
IN THE MATTER OF AN APPLICATION BY CESTUI QUE TRUST/BENEFICIARIES OF THE ESTATE OF ESHA MOHAMED ADAM (DECEASED) FOR LEAVE TO APPEAL FROM AN ORDER OF COURT MADE ON 20/6/2014
BETWEEN
1. ZEINAB KHALIFA
2. RAHIMA KHALIFA
3. FATUMA MOHAMED SAID
4. SALIM MOHAMED SAID
5. ABDULKARIM MOHAMED SAID…………….…BENEFICIARIES
AND
1. ABDULRAZAK KHALIFA
2. OMAR MOHAMED SAID…………………….…RESPONDENTS
RULING
I have perused this file and I have considered the stage which this matter has now reached. Although the court had delivered its ruling on sale of the property on 8th March, 2014 Mr. Kimani representing some of the beneficiaries has filed a summons dated 3rd July, 2014 seeking leave to appeal the consent reached by the parties on 20th June, 2014. This is a succession matter and in the interests of justice I feel that no beneficiary should be turned away without being accorded a hearing. Therefore I do hereby ‘suo moto’ stay the proceedings. I further stay any sale and/or distribution of the estate property pending the hearing and determination of the summons dated 3rd July, 2014. Each party to meet its own costs. Hearing dates for the said summons to be taken in the registry.
Dated this 7th day of November, 2014.
M. ODERO
JUDGE
In the presence of:
Mr. Hayanga for Applicant
Mr. Odongo for Respondent
Mr. S. M. Kimani for the Beneficiaries
Court Clerk Mutisya