This matter was coming up for the hearing of the application dated 13th April 2021.
The said application had earlier on been dismissed on 1/2/22 for want of prosecution but the advocate sought to reinstate it and the prayer was allowed.
Today, there was no appearance despite the fact that the advocate had been notified both on the CTS and by email.
I have closely studied this file. It is related to P&A 147 of 2017 and P&A 1489 of 2017. The proposed property emanates from a Succession Cause in Mombasa KADHI’S court number 47 of 1979. Re- Estate of Msuri Binti Kombo.
A close scrutiny shows that these proceedings filed herein were not completed. The copy of the certificate of title filed herein being no 5531 (NOT VERY CLEAR) shows the last transfer was to Said Biishe Bakari Mohammed on 25/03/1989 and there is no evidence that it was dealt with in any other matter.
As such, the property had not been transmitted to the deceased and there is nothing to administer.
These proceedings were going on before the Chief Kadhi and that is where the application ought to have been made. No wonder the matter has dragged on in court for over 10 years.
Accordingly, I find that there is no proper grant capable of being confirmed and infact it ought not to have been issued in the first instance.
I therefore dismiss the application for confirmation of grant dated 13/4/2021 (a second time) for both procedural defect and non attendance.
I also revoke the grant issued herein under Section 76A of the Law of Succession Act since the proceedings in which they were issued were defective in substance.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this ……29th…………day of ………May…………………2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of:
………………………………
………………BEBORA COURT ASSISTANT………………
………………………………
HON. LADY JUSTICE W. K. MICHENI
JUDGE
The said application had earlier on been dismissed on 1/2/22 for want of prosecution but the advocate sought to reinstate it and the prayer was allowed.
Today, there was no appearance despite the fact that the advocate had been notified both on the CTS and by email.
I have closely studied this file. It is related to P&A 147 of 2017 and P&A 1489 of 2017. The proposed property emanates from a Succession Cause in Mombasa KADHI’S court number 47 of 1979. Re- Estate of Msuri Binti Kombo.
A close scrutiny shows that these proceedings filed herein were not completed. The copy of the certificate of title filed herein being no 5531 (NOT VERY CLEAR) shows the last transfer was to Said Biishe Bakari Mohammed on 25/03/1989 and there is no evidence that it was dealt with in any other matter.
As such, the property had not been transmitted to the deceased and there is nothing to administer.
These proceedings were going on before the Chief Kadhi and that is where the application ought to have been made. No wonder the matter has dragged on in court for over 10 years.
Accordingly, I find that there is no proper grant capable of being confirmed and infact it ought not to have been issued in the first instance.
I therefore dismiss the application for confirmation of grant dated 13/4/2021 (a second time) for both procedural defect and non attendance.
I also revoke the grant issued herein under Section 76A of the Law of Succession Act since the proceedings in which they were issued were defective in substance.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this ……29th…………day of ………May…………………2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of:
………………………………
………………BEBORA COURT ASSISTANT………………
………………………………
HON. LADY JUSTICE W. K. MICHENI
JUDGE