Republic v Kadhi’s Court at Mombasa & another Ex-Parte M H M [2018] KEHC 7238 (KLR)
- Court
- High Court of Kenya
- Case number
- 7238
- Citation
- [2018] KEHC 7238 (KLR)
- Decided
- 17 April 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for certiorari to quash Kadhi's Court orderCoramEDWARD M. MURIITHI, E. K. OGOLA
Holding
The ex-parte application for certiorari is granted with costs
Facts
The Kadhi's Court granted an ex-parte order in Civil Suit No. 263 of 2009, confirming a divorce and transferring the matrimonial house to the plaintiff's sole name, with maintenance and custody ordered.
Issues
- violation of rules of natural justice
- jurisdiction of Kadhi's Court
Reasoning
The application was heard ex parte without the applicant's opportunity to be heard, violating the rules of natural justice. The Kadhi's Court's jurisdiction does not extend to property disputes.
Outcome
Judgment granted
Orders
- Order of certiorari to quash the Kadhi's Court order
Remedies
- Costs as prayed
Authorities cited
Legislation (2)
- Kadhi's Court Act
- Land Control Board Act
Cases cited (1)
- Simiyu v Watambamala (1985) KLR 852
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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