Yasmin Rashid Ganatra & another v Gulzar Abdul Wais & another [2017] KEELC 1089 (KLR)
- Court
- Environment & Land Court
- Case number
- 1089
- Citation
- [2017] KEELC 1089 (KLR)
Summary at a glance
TypeConstitutional PetitionPostureRespondents filed a notice of Preliminary ObjectionCoramKLR Nyamu, Lenaola, Lessit
The petition is Res judicata.
Facts
The dispute involves land parcel No. NTIMA/IGOKI/5686 in Meru. The petitioners and respondents are descendants of Amina Juma Kassam. A will was contested in a succession cause, leading to a grant of letters of administration being annulled.
Issues
- Whether this suit is Res judicata.
- Constitutional Threshold; Whether a Constitutional Petition can be lodged between two private parties?
Reasoning
The petitioners are challenging the will of Amina Juma Kassam, which was contested in a succession cause and the Court of Appeal. The petitioners cannot now claim that the applicable law is not the Law of Succession Act.
Outcome
The petition is dismissed.
Orders
- The petition is dismissed as Res judicata.
Authorities cited
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