Kenyan case law
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In re Estate of Sheikh Bin Muhaji (Deceased) (Succession Cause 219A of 2011) [2015] KEKC 17 (KLR) (10 December 2015) (Judgment)
✦ The Wakf was legally opened, and the petitioners have no interest in the property. The petition is dismissed with costs.
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N H I v A G A [2015] KEKC 11 (KLR)
✦ The court finds that the marriage has irretrievably broken down and dissolves it, granting the divorce certificate.
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R W K v A M A [2015] KEKC 32 (KLR)
✦ The court grants the plaintiff physical custody of K.N.A. and legal custody to the defendant. The defendant is granted visitation rights and is ordered to provide Kshs. 25,000 monthly maintenance for K.N.A. and 75% of the school fees.
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S T M v R M D (Civil Case 202 of 2015) [2015] KEKC 41 (KLR) (22 October 2015) (Judgment)
✦ The second marriage is declared null and void, and the marriage certificate is cancelled. The defendant is ordered to pay damages and costs.
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J S v H Y [2015] KEKC 42 (KLR)
✦ The marriage is dissolved, and the petitioner is granted physical custody of the children. The respondent is granted legal custody and unrestricted access, with a maintenance contribution from the respondent.
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M S A v I L A [2015] KEKC 34 (KLR)
✦ The court held that the petitioner should observe eddat after being irrevocably divorced by the respondent and that the petitioner should be entitled to maintenance during eddat.
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N R A v A (A) M [2015] KEKC 29 (KLR)
✦ The court dismisses the application for being incompetent and lacking in merit.
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M N M v AK [2015] KEKC 24 (KLR)
✦ The court grants the plaintiff's prayer for dissolution of marriage and maintenance, and declares the marriage void ab initio.
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In re estate of Adamali Gulam Hussein Lakdawalla also known as Gulam Hussein Mulla Allibhai Lakdawala (Deceased) [2015] KEKC 37 (KLR)
✦ The court granted the petition and distributed the estate as follows: Hashim Adamali (son) 40%, Laila Ghai (daughter) 20%, Shabbir Adamali (son) 40%. The estate of Shabbir Adamali's three grandchildren (Ammar Shabir, Zahira Shabir, and Shakira Shabir) is distributed as 50% to Ammar Shabir, 25% to Zahira Shabir, and 25% to Shakira Shabir.
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Mohamed Juma v Fatuma Rehan Juma & 6 others [2015] KEKC 8 (KLR)
✦ The court declared the 3rd to 7th defendants not the children of the deceased and not beneficiaries of her estate, and issued a Prohibitory Order to prevent them from claiming to be heirs.
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O M v F W [2015] KEKC 19 (KLR)
✦ The court allows the petition and grants the divorce, ordering the issuance of the Divorce Certificate.
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J S v H Y [2015] KEKC 28 (KLR)
✦ The court allows the petition and grants the divorce.
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M O v A G [2015] KEKC 36 (KLR)
✦ The court finds that the respondent was cruel to the petitioner and grants the dissolution of the marriage.
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Bakhita Imran v Mahmud Hassan [2015] KEKC 7 (KLR)
✦ The marriage is dissolved, and custody of the child is given to the Defendant. The Plaintiff is granted visitation rights during holidays. The Plaintiff is responsible for monitoring the child's progress for review purposes. No orders for costs.
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AMH v AOF [2015] KEKC 2 (KLR)
✦ Marriage dissolved, custody with plaintiff, monthly maintenance of Kshs. 6,000, and other orders regarding visitation and education.
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J M H v I J K [2015] KEKC 20 (KLR)
✦ The court commits the defendant to civil jail for a period not exceeding six (6) months under section 42(1)(a) of the Civil Procedure Act.
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A A D v A M [2015] KEKC 30 (KLR)
✦ The court grants the petition for dissolution of marriage, legal and physical custody to the petitioner, and maintenance to the petitioner.
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In re estate of Kassim Islam (Deceased) [2015] KEKC 33 (KLR)
✦ The estate of Kassim Islam shall be distributed as follows: 1/4 to his wife, 1/6 to his mother, and 7/12 to his father.
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Hussein Abdalla Ateib v Josephine Mwikali Mwangangi [2015] KEKC 14 (KLR)
✦ The court declines to strike out the suit in its entirety but orders that the verifying affidavit be struck out of the record and grants the plaintiff liberty to amend the plaint and file a fresh compliant within 7 days.
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In re Estate of OSS (Deceased) (Succession Cause 89 of 2012) [2015] KEKC 12 (KLR) (4 June 2015) (Judgment)
✦ The court finds that the house with land on Plot [particulars withheld] Mwatate does not belong to the estate of the deceased OSS.
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In re Estate of Buni Ali Sindi (Deceased) (Civil Case 327 of 1998) [2015] KEKC 15 (KLR) (4 June 2015) (Judgment)
✦ The court held that the 1st plaintiff was a tenant and was required to pay rent for the estate property she occupied.
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NAM v ARA (Civil Case 168 of 2014) [2015] KEKC 25 (KLR) (28 May 2015) (Judgment)
✦ The court finds that the defendant did not enter a valid agreement to sell the suit house for the plaintiff's medication.
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In re Estate of Al-Amin Bin Said Mandhry (Deceased) (Succession Cause 206 of 2006) [2015] KEKC 26 (KLR) (7 May 2015) (Judgment)
✦ The estate includes the house with shopping outlets on Plot No 5/XXIX/ at Kibokoni and the parcel of land measuring 8.11 acres on Plot No XXX/II/MN at Tua Tugawe - Kisauni. The half share in the Kibokoni property and two-thirds share in the Tua Tugawe property belong to the estate. The one-third share in the Tua Tugawe property belongs to the heirs of Khadija bin Said bin Ali Mandhry.
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In re Estate of Salim Ndoro Wale (Deceased) (Succession Cause 31 of 2011) [2015] KEKC 38 (KLR) (30 April 2015) (Judgment)
✦ The estate of Fatuma Salim Ndoro consists of the six plots issued to the respondent and the two plots issued to the petitioner and her sister, Asha. The house on Plot No. 1528/Ziwa la Ng'ombe Settlement Scheme does not belong to the estate of Fatuma Salim Ndoro, it is the property of the respondent.
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Ali Mohamed Ali Darani & Aliya Zahran v Khadija Shaffi, Kulthum Shaffi, Shaffa Shaffi & Fadhila Zahran (Miscellaneous Application 51 of 2015) [2015] KEKC 40 (KLR) (30 April 2015) (Judgment)
✦ The court finds that it is permissible and legal to divide the Wakf, but there are not sufficient grounds to do so.