In re Estate Said Abdalla Azubedi (Deceased)[2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
Hon. George Dulu
Judgment Date
October 26, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: In re Estate Said Abdalla Azubedi (Deceased)[2020] eKLR


1. Case Information:
- Name of the Case: Sheha Anwar Said Azubedi & Others v. Leila Mohamed & Others
- Case Number: Miscellaneous Civil Application No. 23 of 2020
- Court: High Court of Kenya at Nairobi
- Date Delivered: 26th October 2020
- Category of Law: Civil
- Judge(s): Hon. George Dulu
- Country: Kenya

2. Questions Presented:
The court must resolve several central legal issues:
1. Whether the High Court has jurisdiction to hear the application concerning the estate of Said Abdalla Azubedi.
2. Whether the applicants have locus standi to bring the application.
3. Whether the court can grant the substantive prayers sought by the applicants.

3. Facts of the Case:
The applicants, Sheha Anwar Said Azubedi, Ryder Anwar Said, and Zeinab Anwar Said, are grandchildren of the deceased, Said Abdalla Azubedi. They filed a Notice of Motion seeking various orders, including a stay of proceedings in the Kadhis Court, an interlocutory injunction to prevent interference with the estate, and their inclusion as administrators of the estate. The respondents, Leila Mohamed, Zubeda Said, and Feisal Said, opposed the application, arguing that the Kadhis Court had jurisdiction over the succession matter, and that the applicants, being grandchildren, lacked entitlement to inherit under Islamic law since their parents predeceased the deceased.

4. Procedural History:
The application was filed on 10th February 2020 under various provisions of the Constitution and Civil Procedure Act. The applicants argued that the Kadhis Court lacked jurisdiction due to alleged fraud and procedural irregularities. The respondents filed a replying affidavit asserting that the applicants had no locus standi and that the Kadhis Court was the appropriate forum. The court allowed for written submissions, but the applicants' counsel failed to submit their arguments despite several opportunities. The respondents submitted their arguments in support of their position.

5. Analysis:
Rules:
The court examined relevant statutes, particularly Article 170 of the Constitution of Kenya, which outlines the jurisdiction of the Kadhis Court, and Section 2(1) of the Law of Succession Act, which grants the High Court jurisdiction over succession matters. The court also referenced Section 29 of the Law of Succession Act defining 'dependants' and their rights to inherit.

Case Law:
The court did not cite specific prior cases but referenced the principles of Islamic law and the jurisdictional limitations of the Kadhis Court as established in the Constitution. The principles of locus standi were analyzed in relation to previous interpretations of the Law of Succession Act.

Application:
The court concluded that it had jurisdiction to hear the application because the succession matters were not unanimously submitted to the Kadhis Court by all parties, which is a requirement for its jurisdiction. The court found that the applicants, as grandchildren, had locus standi under the Law of Succession Act because they claimed to have been maintained by the deceased. However, the court ultimately dismissed the application because the applicants failed to provide evidence to support their claims and did not actively prosecute their application.

6. Conclusion:
The High Court ruled that it had jurisdiction to hear the application, and the applicants had locus standi. However, the court dismissed the application due to the applicants' failure to substantiate their claims and their lack of participation in the proceedings. The court ordered that each party bear its own costs.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The High Court of Kenya dismissed the application filed by the grandchildren of Said Abdalla Azubedi seeking to stay proceedings in the Kadhis Court and to be included as administrators of the estate. The court affirmed its jurisdiction over the matter but noted the applicants' failure to substantiate their claims as the basis for dismissal. This case highlights the complexities of succession law in Kenya, particularly regarding the rights of grandchildren under Islamic law and the jurisdictional boundaries between the Kadhis Court and the High Court.

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