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Dr. Leonard Kimeu Mwanthi v. Rukaria M'twerandu M'iriungi

(2013) JELR 102640 (CA)

Court of Appeal  •  Civil Appeal 28 of 2011  •  10 Dec 2013  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



This is an appeal against the ruling and order of the High Court dated 19th November, 2010, wherein the respondent's summons dated 16th August, 2010, was allowed in Succession Cause No. 197 of 1997. The litigation in this matter has seen parties litigate for the same subject matter both under the Civil Procedure and the Law of Succession. We must state this is a procedure that causes confusion as there is a clear justification and sound reasoning why Legislature separated both regimes. This case is a clear demonstration that when both regimes of law are applied interchangeably, a simple matter for example of Succession of a deceased estate becomes protracted and parties keep hovering from the civil court to the succession cause.

The Law of Succession Act was envisaged as a complete regime of law complete with its own procedure for purposes of administering the estate of a deceased person and the distribution of the estate to the beneficiaries. If there is any claim…

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