Republic v Resident Kadhi, Kwale Ex Parte Said Ramadhan Mwanjama [2016] KEHC 1000 (KLR)
- Court
- High Court of Kenya
- Case number
- 1000
- Citation
- [2016] KEHC 1000 (KLR)
- Decided
- 21 November 2016
The ex parte applicant's application for certiorari and prohibition is declined. The Court makes no order as to costs due to the succession nature of the dispute.
Facts
The ex parte applicant filed an application for certiorari and prohibition against the decision of the Resident Kadhi in Kwale Kadhi Succession Case Number: 99 of 201, In Re: Estate of Ramadhan Mwanjama (Deceased). The Kadhi's Court had entered a final judgment on 8th June, 2012, and the ex parte applicant sought to quash the decision and admit the Notice of Motion Applications filed by the interested parties.
Issues
- Jurisdiction of Kadhi's Court
- Fair trial and natural justice
- Review of judgment
Reasoning
The Kadhi's Court has jurisdiction in succession causes on estates of deceased Muslims. The Court does not become functus officio for applications for setting aside or varying judgment. The ex parte applicant had been served and the application was set for expedited hearing.
Outcome
The judgment is reserved due to workload and transfer of the court station. The judgment is signed for delivery if the parties withdraw the matter.
Orders
- Decline application for certiorari and prohibition
- No order as to costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Kadhis' Court Act
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