Case Metadata |
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| Case Number: | Succession Case 236 of 2009 |
|---|---|
| Parties: | In re Estate of Khamis Jagina |
| Date Delivered: | 05 May 2016 |
| Case Class: | Civil |
| Court: | Kadhis Court at Mombasa |
| Case Action: | Ruling |
| Judge(s): | ABDULHALIM H. ATHMAN |
| Citation: | In re Estate of Khamis Jagina [2016] eKLR |
| Advocates: | Mr. Mazrui for the Applicant Mr. Mwawasi for the Respondent |
| Court Division: | Family |
| Parties Profile: | Individual v Individual |
| County: | Mombasa |
| Advocates: | Mr. Mazrui for the Applicant Mr. Mwawasi for the Respondent |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Application granted as prayed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE KADHIS COURT AT MOMBASA
SUCCESSION CASE NO 236 OF 2009
IN THE MATTER OF THE ESTATE OF KHAMIS JAGINA ............................DECEASED
ALI HAMISI KINGANGA ..................... ................................................. PETITIONER
VERSUS
MUHAMAD HAMISI JAGINA .......................................... RESPONDENT / APPLICANT
RULING
This is a Notice of motion dated 8th February 2016 for orders for leave for the substitution of the petitioner with MOMO HATHANI MBARAK alias MOMO HAMISI JAGINA.
The applicant deponed that the petitioner is her brother and had passed way on 25.8.2015 at Mombasa. Death certificate was annexed to the application and the substitution is necessary to finalize determination of the matter.
The respondent opposes the application. He filed grounds of opposition dated 9th March 2016. He states the applicant is not a beneficiary of the estate and not a sister of Ali Hamisi Jagina, the deceased petitioner.
The matter was disposed of by way of written submissions. Counsel of parties reiterated their positions in the applications and reply thereto.
Momo Hamisi Jagina is listed as one of the heirs of the estate in this matter. In his reply to the petition the respondent at para 3 contested her entitlement to inherit the estate as a legal heir. He claimed the deceased had denounced her. The matter was settled by consent dated 14th August 2013. Parties were silent on the heirs in that consent adopted by court. They agreed on all assets of the estate save for two properties which they were to address later.
The applicant is a prima facie beneficiary of the estate. The respondent disputes this fact but his statement alludes she was recognized but later denounced by the deceased. This is all the more reason why she must be allowed to defend her entitlement.
The application is granted as prayed. Orders accordingly.
Dated and delivered at Mombasa on 5th May 2016
ABDULHALIM H. ATHMAN
PRINCIPAL KADHI
In the presence of:
Mr. Yusuf K. Abdulrahman, Court Assistant
Mr. Mazrui for applicant
Mr. Mwawasi for respondent
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