Kenyan case law
-
In re Estate of Ibrahim Bakari Mwaigachu (Deceased) (Succession Cause 208 of 2014) [2016] KEKC 24 (KLR) (5 May 2016) (Judgment)
✦ The extension of the Jua kali house does not belong to the estate of the deceased, but to the estate of his son Bakari Ibrahim.
-
In re Estate of Khamis Jagina (Deceased) (Succession Cause 236 of 2009) [2016] KEKC 35 (KLR) (5 May 2016) (Ruling)
✦ The application for substitution of the petitioner is granted
-
In re Estate of MSH (Deceased) (Succession Cause 70 of 2013) [2016] KEKC 17 (KLR) (5 May 2016) (Judgment)
✦ The house constitutes the estate of the deceased and the legal heirs are KI mother, HMA widow, YMS son, AMS son, UMS son, NMS daughter, and SMS son. Nassor is not a legal heir but was brought up by the deceased.
-
MAL v AMC (Civil Case 283 of 2012) [2016] KEKC 23 (KLR) (5 May 2016) (Ruling)
✦ The defendant owes the plaintiff KES 34,000.00 as of April 30, 2016, for child maintenance payments.
-
In re Estate of Abdulhussein Awadh (Deceased) (Succession Cause 96 of 2010) [2016] KEKC 33 (KLR) (5 May 2016) (Ruling)
✦ The respondent, Gulam Abdulhussein, is entitled to his share of KES 1,067,500. He must pay this amount through court deposit within three months and give vacant possession of the property within 30 days.
-
X M C v S H A (Civil Case 276 of 2015) [2016] KEKC 36 (KLR) (28 April 2016) (Judgment)
✦ The court finds that the defendant has abdicated his martial responsibilities and that Islamic law obligates the husband to provide for his family.
-
Maimuna Kenyi Suleiman v Amina Ibrahim [2016] KEKC 29 (KLR)
✦ The Plaintiff has locus standi to execute the judgment of the court delivered on 28th March 2002, and the application is allowed.
-
In re Estate of Bakari Madi Chosi (Deceased) (Succession Cause 193 of 2015) [2016] KEKC 34 (KLR) (14 April 2016) (Judgment)
✦ The court found the wakf deed to be legal and valid, and the property is available for inheritance to the heirs of the deceased.
-
In re Estate of Haitham Said (Deceased) (Succession Cause 177 of 2015) [2016] KEKC 15 (KLR) (14 April 2016) (Judgment)
✦ The Swahili house at Kisimani was sold by Sheikha Haitham Said to Noor, Saadia, and Swabah Haitham Said in 2012, and the plot at Kisimani belonged to Sheikha Haitham Said.
-
R W W v S S [2016] KEKC 28 (KLR)
✦ The court has jurisdiction to hear and determine the gagging proceedings, and the proceedings will be conducted in public.
-
N A H v S B K [2016] KEKC 18 (KLR)
✦ The court ordered the defendant to pay reasonable maintenance to the minor and to provide for her education, and to grant custody of the child to the defendant.
-
In re Estate of Mohamed Kassim (Deceased) (Succession Cause 117 of 2007) [2016] KEKC 19 (KLR) (17 March 2016) (Ruling)
✦ The estate is distributed among the heirs as follows: Mariam Mohamed Kassim receives KES 4,166,666.67; Amir Hussein Mohamed receives KES 1,234,567.90; and others receive their respective shares.
-
AAA v AA & another [2016] KEKC 9 (KLR)
✦ The court found that the applicant was divorced by the 1st respondent before she married the 2nd respondent. The court ordered the issuance of divorce certificates, payment of dowry, custody of the child, and maintenance.
-
In re Wakf of Mohamed Bakari (Civil Case 17 of 2016) [2016] KEKC 41 (KLR) (17 March 2016) (Ruling)
✦ The Wakf of Mohamed Bakari is dissolved, and Omar Mohamed Bakari is vested with the property with power to sell and distribute the proceeds.
-
Pascal v Hyder (Petition 120 of 2015) [2016] KEKC 40 (KLR) (17 March 2016) (Judgment)
✦ The court found that the deceased was a joint owner with his father in two parcels of land in Mtongwe and that the respondent was appointed the administrator of the estate of the deceased.
-
NKN v HA & AAA [2016] KEKC 10 (KLR)
✦ The marriage is dissolved as requested by the applicant in the way of KHULUU, with the applicant waiting for the divorce certificate to be issued on 16th April 2016. Custody of the children is given to the applicant, and the respondent has reasonable access. The respondent is ordered to pay Ksh 9,000 monthly as maintenance.
-
In re estate of Khadija Mzee Khamis (Deceased) (Succession Cause 207 of 2015) [2016] KEKC 39 (KLR) (7 March 2016) (Judgment)
✦ The estate includes the properties in Kenya and Tanzania as specified. The heirs are determined and their shares are distributed.
-
BYO v FN [2016] KEKC 2 (KLR)
✦ The marriage between the petitioner and respondent dissolved.
-
R D J v A H W [2016] KEKC 25 (KLR)
✦ The court held that the respondent has been treating the petitioner with cruelty and that the marriage is in name only.
-
AST v LMA [2016] KEKC 7 (KLR)
✦ The marriage is dissolved, and the status quo is maintained with children with their father. The Plaintiff is denied custody of the minors as she is working abroad.
-
In re Estate of Mwijuma Bin Mwichande (Deceased) (Succession Cause 122 of 2014) [2016] KEKC 31 (KLR) (4 February 2016) (Judgment)
✦ The estate of the deceased consists of the parcel of land Plot No MSA/ Block II/MS/98. The deceased was survived by his two daughters, and they are entitled to a maximum two-thirds share under Islamic law.
-
In re Estate of Ahmed Ladha (Decease) (Succession Cause 52 of 2015) [2016] KEKC 26 (KLR) (28 January 2016) (Ruling)
✦ The final list of heirs and their respective shares were clarified. The estate's properties and funds were distributed according to the clarified list. The property MSA/BlockXIX/193 was determined to be part of the estate.
-
ZMH v SSM (Civil Case 228 of 2015) [2016] KEKC 20 (KLR) (28 January 2016) (Judgment)
✦ The dowry amount is Kes 120,000.00, which the defendant claims he paid through the plaintiff's parents. The court finds the defendant's evidence more credible.
-
In re Estate of Mohsen Mohamed Albeity (Deceased) (Succession Cause 171 of 2012) [2016] KEKC 38 (KLR) (20 January 2016) (Ruling)
✦ The court determined that the matter was subjudice and that the petitioner is not the decree holder, thus the Notice to show cause application is dismissed.
-
STM v RMD (Civil Case 202 of 2015) [2016] KEKC 37 (KLR) (14 January 2016) (Ruling)
✦ The marriage is annulled through Khul'u divorce with effect from January 14, 2016, and the defendant is entitled to the dowry refund and relinquishment of edda rights.