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FATUMA ATHMAN ABUD FARAJ
V.
ROSE FAITH MWAWASI & 2 ORS

(2024) JELR 112620 (SC)

Supreme Court 18 Oct 2024 Kenya
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- The dispute arises from the administration of the estate of Salim Juma Hakeem Kitendo (deceased intestate, 2015), with contesting claims by three alleged widows and their respective children regarding entitlement to inheritance under Isla

Case Details

Suit Number:Application E050 of 2023
Judges:M.K KOOME, CJ & P P.M MWILU, DCJ & VP M.K IBRAHIM, SCJ S.C WANJALA, SCJ N. NDUNGU, SCJ I. LENAOLA, JSC W. OUKO, JSC
Counsel:Ms. Asli Osman for the applicant (Ahmednasir Abdullahi Advocates, LLP) Mr. Joseph Munyithya for the 1st and 2nd respondents (Munyithya, Mutungi, Umara & Muzna Co. Advocates) No appearance for the 3rd respondent
Other Citations:[2024] KESC 61 (KLR)

 RULING OF THE COURT

[1] WHEREAS on 23rd January 2024 six (6) Justices of this Court, with Ouko SCJ being indisposed, in SC Petition No. 17 (E021) and 24 (Eo27) of 2022 (consolidated) Zehrabanu Janmohamed (S.C Suing as the Executrix of the Estate of the Late H.E.Daniel Toroitich Arap Moi) & Another vs. Nathaniel K. Lagat & 4 Others recused themselves from hearing any matters filed by the firm of M/S Ahmednasir Abdullahi Advocates LLP, or wherein Mr. Ahmednasir Abdullahi, SC appears either by himself, through an employee of his law firm, or any other person holding his brief, or acting pursuant to his instructions due to his persistent improper conduct towards the Court; and

[2] NOTING however, that prior to making the said order of recusal, this Court had on 23rd December 2023 issued interim ex-parte orders of stay of execution of the Court of Appeal judgment dated 10th November, 2023 in Mombasa Civil Appeal No. E043 of 2023, and stay of proceedings in Mombasa HC Succession Cause No. 20…

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