In re Estate of Late Dambala Jirma (Deceased) (Succession Cause E024 of 2023) [2024] KEKC 12 (KLR) (28 February 2024) (Ruling)
- Court
- KEKC
- Case number
- 12
- Citation
- [2024] KEKC 12 (KLR)
- Decided
- 28 February 2024
The Kadhis' court does not have jurisdiction to determine the ownership dispute of the estate plot. The case is referred to the Magistrate Court (ELC) to determine ownership before the Kadhis' court can distribute the estate.
Facts
The late Dambala Jirma left an estate with five beneficiaries. The applicant claims ownership of a plot at Manyatta Burji Location, Moyale Sub County, which the heirs dispute as belonging to Roba Guyo.
Issues
- Ownership dispute of the estate plot
- Kadhis' court jurisdiction to determine ownership dispute
Reasoning
The court found that the Kadhis' court's jurisdiction is limited to questions of Muslim law relating to personal status, marriage, divorce, or inheritance. Ownership disputes must be resolved before the distribution of the estate. The Environment and Land Court has jurisdiction to determine ownership.
Outcome
The case is referred to the Magistrate Court (ELC) to determine ownership of the estate plot.
Orders
- The case is referred to the Magistrate Court (ELC) to determine ownership of the estate plot.
- The Kadhis' court shall assume distribution of the estate after the question of ownership is resolved.
Authorities cited
Legislation (3)
- Rule 41(3) of the Probate and Administration Rules
- Law of Succession Act
- Section 3 of the Law of Succession Act
Cases cited (3)
- Mariam Mathias Mwasi v Rama Adam [2020] eKLR
- Priscilla Ndubi and Zipporah Mutiga v Gerishon Gatobu Mbui, Meru Succession Cause No. 720 of 2013
- In re Estate of Job Ndunda Muthike (Deceased) [2018] eKLR
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