Saida Bashir v Hussein Bashir & another [2014] KEHC 2541 (KLR)
- Court
- High Court of Kenya
- Case number
- 2541
- Citation
- [2014] KEHC 2541 (KLR)
- Decided
- 2 October 2014
This court will only remit one aspect of the case for determination by the Kadhis' court, namely whether the suit property is part of the estate of the deceased or held in trust for the Respondents.
Facts
The Respondents filed a suit seeking a declaration that the suit property is not the property of the deceased but held in trust for them. The Applicant opposed the application, arguing that the proper venue for the dispute is the Kadhis' court.
Issues
- Whether the suit property is part of the estate of the deceased or held in trust for the Respondents.
- Whether the court can determine the existence of a trust without taking oral evidence.
Reasoning
The court determined that the proper venue for the dispute is the Kadhis' court due to its jurisdiction over questions of Muslim Law. The court will remit the case to the Kadhis' court for determination of the trust issue.
Outcome
The court will remit the case to the Kadhis' court for determination of the trust issue.
Orders
- Remit one aspect of the case to the Kadhis' court for determination of whether the suit property is part of the estate of the deceased or held in trust for the Respondents.
- The Kadhis' court shall transmit its decision to this court for adoption after forty-five (45) days of the delivery of this ruling.
Authorities cited
Legislation (2)
- Law of Succession Act
- Kadhis' Court Act
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