Mwangi v Mwangi & 4 others (Civil Appeal E095 of 2022) [2025] KECA 925 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 925
- Citation
- [2025] KECA 925 (KLR)
- Decided
- 7 March 2025
The Kadhi's court had no jurisdiction over the appellant and her daughter, and the High Court's decision is set aside.
Facts
The deceased, Mzee Ibrahim Memia, passed away on 9th December 2018. He left a will appointing his wife, the appellant, as the sole executrix and naming her and his daughter Salma Ibrahim Memia as the only heirs. The deceased's properties were listed in the will, and the appellant petitioned for probate of the will on 2nd July 2019.
Issues
- Jurisdiction of the Kadhi's court
- Distribution of the deceased's estate
Reasoning
The court held that the Kadhi's court can only exercise jurisdiction where all parties profess the Muslim religion and submit to its jurisdiction. The appellant and her daughter neither professed the Muslim religion nor submitted to the Kadhi's court, thus the court had no jurisdiction.
Outcome
The appeal is allowed, and the High Court's decision is set aside.
Orders
- Set aside the decision of the learned Judge made on 20th June, 2022
- Substitute an order dismissing the summons dated 16th November 2020 seeking the revocation and annulment of the grant of probate of written will issued on 6th March 2020
Remedies
- No order as to the costs of this appeal
Authorities cited
Cases cited (1)
- In CKC & another (Suing through their mother and next friend JWN) v ANC (supra)
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