THUWEIBA MAKA, FATMA MAKA, RUKIA MAKA & AZIZ MAKA V. AISHA JUMA & MALIK ABU SHEE

JUDGMENT OF THE COURT

Before embarking on the hearing of this appeal, and with the consent of the parties, we made an order pursuant to rule 103 of the Court of Appeal Rules consolidating Civil Appeal No. 35 of 2014 with Civil Appeal No 23 of 2015. The order of consolidation was based on the fact that the two appeals were between the same parties, involved the same suit property and raised the same questions. Indeed, the only difference between the two records of appeal was but one, an order extending leave to file appeal out of time. File No 35 of 2014 was adopted as the main file.

The appeal arises from the judgment of Ibrahim, J. (as he then was) dated 16^th August 2012 which was read on his behalf by Okwengu, J. (as she then was) on 20^th September 2012. The effect of the judgment was to dismiss with costs an appeal by the four appellants against a decision of the Hon. Twalib B. Mohamed, the Kadhi of Mombasa in a succession dispute. This is therefore the appellants’ second appeal, whi…