Hafswa Omar Abdalla Taib & 2 others v Swaleh Abdalla Taib [2015] KECA 871 (KLR)
- Court
- Court of Appeal
- Case number
- 871
- Citation
- [2015] KECA 871 (KLR)
The Court of Appeal dismissed the appeal, holding that the High Court had jurisdiction to entertain the appeal but erred in finding no goodwill.
Facts
Omar Abdalla Taib passed away intestate on February 11, 2012. His estate, valued at Kshs.7,000,000, included LR No. Mombasa/Block XXXIII/1 and 50% shares in Mombasa Cargo Tally Organisation. The High Court granted Letters of Administration to the appellants, who shared the estate equally. The appellants sought to prevent the respondent from interfering with the estate and to receive weekly allowances.
Issues
- Whether the High Court erred in finding no goodwill in the company's business
- Whether the High Court had jurisdiction to entertain the appeal
Reasoning
The Court of Appeal determined that the High Court had appellate jurisdiction over Succession Causes, but the appellants failed to plead the issue of goodwill, which was not raised by the parties or their legal teams.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Law of Succession Act
- Probate and Administration Rules
Cases cited (3)
- Kibutiri v Kibutiri (1983) KLR 62
- Commissioner of Inland Revenue v Muther & Co Margarire Ltd (1901) AC 217
- Triple Five Corporation v Ralt Disney Productions (1994) ABCA 120
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