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Awadh Saleh Said Sherman v Omar Saleh Sherman & 3 others [2015] KEHC 7962 (KLR)

[2015] KEHC 7962 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
7962
Citation
[2015] KEHC 7962 (KLR)
Decided
3 November 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConsolidation of SuitsPostureApplication for consolidation of two succession causesCoramM. THANDE
Holding

The application for consolidation of the two succession causes is allowed.

Facts

Two succession causes were filed in the High Court of Kenya at Mombasa, one by Zainab and Suaad (respondents) and the other by Omar (respondent). Both cases involve the estate of Saleh Said Sherman, deceased. The issues in both cases are the representation of the estate of the deceased.

Issues

  1. Consolidation of two succession causes
  2. Representation of the estate of the deceased

Reasoning

The court applied the principle of consolidation of suits where common questions of law or fact arise of such importance as to make it desirable that the whole of the matters be disposed of at the same time. The issues in both cases are similar and can be disposed of simultaneously.

Outcome

The application is allowed.

Orders

  • Control file shall be High Court Succession Cause No. 375 of 2010
  • Costs shall be in the cause

Authorities cited

Cases cited (1)
  • R M G v N G Interested Party S P Limited & M D Limited (2013) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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