In re Estate of Igge Duale (Deceased) (Succession Cause 29 of 2009) [2018] KEKC 35 (KLR) (4 December 2018) (Ruling)
- Court
- KEKC
- Case number
- 35
- Citation
- [2018] KEKC 35 (KLR)
- Decided
- 4 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccession CausePostureApplication for stay of execution and setting aside of judgmentCoramMuchelule
Holding
The applicants were not properly served and were not aware of the proceedings, and the judgment entered on 22nd October 2009 is irregular and can be set aside.
Facts
Zamzam and Amina Yussuf are children of Halima Igge and are seeking to set aside a judgment entered on 22nd October 2009 due to improper service and lack of awareness of the proceedings.
Issues
- whether the applicants were properly served and aware of the proceedings
- whether the judgment entered on 22nd October 2009 was regular and can be stayed nine years after it was entered
Reasoning
The court found that Zamzam and Amina Yussuf were not served with summons to enter appearance and were not aware of the proceedings, and that the judgment entered on 22nd October 2009 was irregular due to improper service.
Outcome
The judgment entered on 22nd October 2009 is set aside.
Orders
- The application is certified urgent and the applicant is heard ex parte in the first instance.
- A stay of execution of the judgment entered on 22nd October 2009 and the ruling delivered on 26th July 2018 is granted.
- The applicant is granted leave to file a statement of defence.
Remedies
- Setting aside the judgment entered on 22nd October 2009 and consequential orders.
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21 laws of Kenya
- Kadhi's Court Act, Cap 11, Laws of Kenya
Cases cited (4)
- James Nderitu & Another v Marios Philotas Ghikas & Another [2016] eKLR
- Sangram Singh v Election Tribunal, Koteh AIR 1955 SC 664
- Rhoda Wanjiru Kibunja v. Abdalla Mohamed Abdalla,HCCA92 OF 2012 [NAI] [unreported]
- Esther Wamaitha Njihia & 2 others vs. Safaricom Ltd
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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