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AR & 2 ORS
V.
ARG

(2022) JELR 113380 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 78 OF 2019
Judges:RN NAMBUYE, JA F SICHALE, JA S OLE KANTAI, JA
Location:Nyeri

JUDGMENT

  1. The late RN, a retired army officer and resident of Moyale died on 9th December, 2005. He had divorced his first wife with whom he had 4 children and he had 13 children with his 2nd wife, ARN (the respondent). Upon his death, 3 of his children AR, AR and MR (children of the divorced wife and the appellants herein) petitioned the Kadhis Court at Moyale for distribution of the only asset of the estate, a commercial building No. xxxx situate in Moyale Town. It comprised some shops and lodging premises.

  2. In a judgment delivered by the Senior Resident Kadhi at Moyale on 30th November, 2017, the learned Kadhi applied Islamic Law and the National Laws and distributed the estate as set out in the said judgment.

  3. It was found in the judgment that the total value of the estate available for distribution was Kshs 8 million and the widow (respondent) and the children got respective shares. There was no appeal against that judgment.

  4. The appellants by a motion dated 21st February, 2018 requested…

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