In re Late Ahmed Swaleh Bin Swaleh (Deceased) (Succession Appeal 42 of 2017) [2025] KEKC 9 (KLR) (18 February 2025) (Ruling)
- Court
- KEKC
- Case number
- 9
- Citation
- [2025] KEKC 9 (KLR)
- Decided
- 18 February 2025
The 1st to 4th Interested Parties are enjoined to the proceedings for the purpose of receiving their inheritance. Leave is granted to the 5th Interested Party to come on record for the 1st - 4th Interested Parties/Applicants. The 5th Interested Party shall release 60% of the held funds and retain 40% pending determination of High Court proceedings.
Facts
The estate of Late Ahmed Swaleh Bin Swaleh was distributed among various parties, with KES 9,499,000 deposited with the 5th Interested Party for distribution. Only KES 863,368.65 has been released to one beneficiary, with the balance allegedly retained for legal fees.
Issues
- Whether the Applicants can be enjoined as interested parties at this stage
- Whether leave should be granted to M/s Abdikadir & Abdikadir Company Advocates to come on record
- Whether the 5th Interested Party has legal justification to continue holding the funds
Reasoning
The court considered the applicants' right to their inheritance and the need for proper legal representation, balancing the advocate's lien with the beneficiaries' rights.
Outcome
The order was delivered on February 18, 2025.
Orders
- The 1st to 4th Interested Parties are enjoined to the proceedings for the purpose of receiving their inheritance.
- Leave is granted to the 5th Interested Party to come on record for the 1st - 4th Interested Parties/Applicants.
- The 5th Interested Party shall release 60% of the held funds and retain 40% pending determination of High Court proceedings.
Remedies
- The released funds shall be deposited in court for distribution to the beneficiaries.
Authorities cited
Legislation (3)
- Advocates Act
- Civil Procedure Rules
- Kadhi's Court Procedure Rules
Cases cited (5)
- Muruatetu v Republic
- Kenya Medical Laboratory Technicians and Technologists Board & 6 others v Attorney General & 4 others
- Trusted Society of Human Rights Alliance v Mumo Matemu & 5 others
- Kipchilat v Boit
- Simon Njumwa Mghanga v Joyce Jeptarus Kagogo T/A Chesaro & Co. Advocates
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