Zeinab Khalifa, Rahima Khalifa, Fatuma Mohamed Said, Salim Mohamed Said & Abdulkarim Mohamed Said v Abdulrazak Khalifa & Omar Mohamed Said [2014] KEHC 1846 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

SUCCESSION CAUSE NO. 62 OF 2000

IN THE MATTER OF THE ESTATE OF ESHA MOHAMED ADAM (DECEASED)

AND

IN THE MATTER OF AN APPLICATION BY CESTUI QUE TRUST/BENEFICIARIES OF THE ESTATE OF ESHA MOHAMED ADAM (DECEASED) FOR LEAVE TO APPEAL FROM AN ORDER OF COURT MADE ON 20/6/2014

BETWEEN

1. ZEINAB KHALIFA

2. RAHIMA KHALIFA

3. FATUMA MOHAMED SAID

4. SALIM MOHAMED SAID

5. ABDULKARIM MOHAMED SAID…………….…BENEFICIARIES

AND

1. ABDULRAZAK KHALIFA

2. OMAR MOHAMED SAID…………………….…RESPONDENTS

RULING

I have perused this file and I have considered the stage which this matter has now reached.  Although the court had delivered its ruling on sale of the property on 8th March, 2014 Mr. Kimani representing some of the beneficiaries has filed a summons dated 3rd July, 2014 seeking leave to appeal the consent reached by the parties on 20th June, 2014.  This is a succession matter and in the interests of justice I feel that no beneficiary should be turned away without being accorded a hearing. Therefore I do hereby ‘suo moto’ stay the proceedings.  I further stay any sale and/or distribution of the estate property pending the hearing and determination of the summons dated 3rd July, 2014.  Each party to meet its own costs.  Hearing dates for the said summons to be taken in the registry.

Dated this 7th day of November, 2014.

M. ODERO

JUDGE

In the presence of:

Mr. Hayanga for Applicant

Mr. Odongo for Respondent

Mr. S. M. Kimani for the Beneficiaries

Court Clerk Mutisya