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Khadijah Ali Omar & Ahmed Umar (Suing as the administrators and beneficiaries of the Estate of Omar Khamis Deceased) v. Kaushumu Wambui

(2018) JELR 99867 (CA)

Court of Appeal  •  Civil Appeal 316 of 2017  •  18 May 2018  •  Kenya

Coram
William Ouko, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from a ruling of the High Court (L. Gacheru, J) delivered on 26th July 2017 dismissing the appellants’ application for summary judgment on two grounds. First, that the appellants’ claim does not fall under the category of suits where summary judgment may be granted. Secondly, that the respondent demonstrated that there are triable issues for the trial court.

Background

2. Based on the pleadings before the lower court, the dispute between the parties is over the properties known as L.R.No. 4953/933, 4953/202 and 4953/931 (the properties). It is asserted that the properties were originally owned by Khadija Nyambura Njuguna upon whose death they devolved to her daughter Halima Njeri. Halima Njeri was the second wife of Omar Khamis, deceased. She died in 2005 whereupon, pursuant to Succession Cause No. 1512 of 2006, the properties were transferred to Omar Khamis, deceased. Omar Khamis died in 2010 after which the appellants were appointed as the adm…

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