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Citation
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Judgment date
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| December 2025 |
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Application to revoke letters of administration dismissed for failure to prove fraud and because applicant was estopped.
Probate law – Revocation of letters of administration – Section 49 PAEA – Alleged fraud, false suggestion or concealment of material facts – Burden and strict standard of proof – Family meetings and public recognition as evidence – Estoppel – Appointment-stage assesses suitability, not final heirs
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31 December 2025 |
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Appellate court reversed custody award, restoring maternal custody under Law of the Child Act due to misapplied best-interest presumption.
Child custody — Law of the Child Act (sections 26(2), 37, 39) — Rebuttable presumption favouring mother for children under seven — Best interests of the child paramount — Weight and admissibility of Social Inquiry Reports — Appellate interference for misdirection and misapprehension of evidence
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31 December 2025 |
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A lengthy unexplained delay and failure to follow court directions defeat an application to extend time for filing an appeal.
Civil procedure – Extension of time – Delay must be fully explained; Lyamuya factors; illegality must be apparent on face of record; failure to file ordered written submissions amounts to failure to defend; participation in execution undermines late appeal
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31 December 2025 |
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Recognition by the deceased and family (Form No.1/minutes) establishes heirship; Law of the Child Act prevents discriminatory exclusion.
Probate and inheritance — legitimacy and recognition — application of Law of the Child Act and Miraji Nyangasa to inheritance under Islamic law — recognition (introduction, family minutes, Form No.1) as proof of heirship — burden of proof on party alleging illegitimacy.
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31 December 2025 |
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Application to revoke letters of administration dismissed for lack of proof of defect or fraud; parties to bear own costs.
Probate and Administration – revocation of grant – grounds under s.49(1)(a),(b) PAEA – procedural defect vs fraud; death certificate anomaly; authenticity of eWakili printouts; administration of disputed assets in probate proceedings.
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30 December 2025 |
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Appeal dismissed: juvenile court properly applied child's best interests and relied on a Social Welfare report.
Child custody — Best interests principle — Social inquiry report and child's views — Informality of juvenile procedure — Availability of Social Welfare Officer to testify only on request — Admissibility of photographs when identified and corroborated — Financial capacity relevant but not decisive.
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30 December 2025 |
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Applicant failed to show sufficient cause for extension; review is not a substitute for appeal; application dismissed.
Extension of time — Sufficient cause — Review cannot substitute for appeal — Indigence, illness and ignorance of procedure are not automatically sufficient — Judicial exercise of discretion (Lyamuya; Tanga Cement).
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30 December 2025 |
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Applicant granted letters of administration after meeting statutory probate requirements; ordered to file inventory, accounts and open Mirathi account.
Probate and administration – Grant of letters of administration – Compliance with s.56 PAEA and Probate Rules 39, 63, 73, 76 – Death certificate admissibility – Publication and caveat period – Appointment of administrator – Obligation to file inventory and final accounts – Requirement to open Special Mirathi Account (Rule 105A).
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23 December 2025 |
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Revisional court properly set aside erroneous execution and enforced equal division of matrimonial property.
Execution of judgment – executing court must execute decree as written – revisional jurisdiction to correct misinterpretation of appellate judgment – matrimonial property division – eviction in execution – clerical errors not fatal
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23 December 2025 |
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Appellant failed to prove administrator untrustworthy; appointment upheld and complaints on omitted assets deemed premature.
Probate law – appointment of administrator – fitness/trustworthiness of petitioner – omissions and valuation of estate premature at appointment stage – inventory and accounts under section 107 PAEA – consent by affidavit under Probate Rule 72 – revocation remedy under section 49 PAEA.
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19 December 2025 |
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Whether dependency justifies compensation or spousal maintenance and adequacy of child maintenance award.
Family law — Presumption of marriage — Distinction between compensation and spousal maintenance — Child maintenance assessment — Application of Law of the Child Act s.44 factors — First appellate court revising maintenance award
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19 December 2025 |
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Court permits division of assets after rebuttal of presumed marriage and awards adjusted shares reflecting proven contributions.
Family law – presumed marriage (s.160 LMA) – rebuttal and jurisdiction to make consequential orders; matrimonial property division (s.114) – assessment of financial and non‑financial contributions; evidentiary sufficiency of oral admissions regarding sale/mismanagement; second appeal standards
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19 December 2025 |
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Best interests and continuity of care justified custody with grandparents; access clarified and maintenance responsibilities reallocated.
Family law – custody – best interests of the child and continuity of care – when a child’s views must be sought; access and visitation – requirement for specificity vs "reasonable access"; maintenance – parental joint duty under Law of the Child Act and allocation of educational, upkeep and medical expenses.
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18 December 2025 |
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Whether the applicant's non‑monetary contributions justify a larger share of matrimonial property under section 114.
Law of Marriage Act s114 – Division of matrimonial assets; valuation of financial vs non-monetary contributions; burden of proof under Evidence Act s117; first appeal rehearing
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18 December 2025 |
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Court upheld regulated supervised visitation for infant twins, finding the arrangement consistent with the children’s best interests.
Child custody and access – Best interests of the child – Regulated and supervised visitation for infants – Tender age and primary caregiver considerations – No overnight stays until age seven – Evidence standard; decision not based solely on unproven allegations
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15 December 2025 |
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High Court quashed district court dismissal of a matrimonial appeal for denying the appellant a hearing and remitted the matter for rehearing.
Procedure — Right to be heard (audi alteram partem) — Decision made without hearing is nullity; Res judicata — applicability to subsequent appeals; Remittal — rehearing by different magistrate; Functus officio — role of appeal remedies.
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12 December 2025 |
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A confirmed Kadhi Court talak bars a mainland divorce petition under res judicata; amendment order lacked clear scope.
Family law – Recognition of foreign talak/divorce – Res judicata under section 9 Civil Procedure Code – Sections 91 and 92 Law of Marriage Act – Preliminary objections – When res judicata is a pure point of law – Amendment of pleadings and scope under Order VI Rule 17 CPC – Joinder of co-respondent under section 105(2) LMA.
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12 December 2025 |
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Extension of time refused where applicant failed to account for delay, plead apparent illegality, or provide supporting evidence.
Civil procedure – Extension of time to appeal – Good cause requires evidence of steps taken to avoid delay – Claim of illegality must be pleaded and apparent on the record – Section 19(2) Law of Limitation Act (exclusion for awaiting judgment) requires evidence of follow-up – Absence of prejudice not alone sufficient.
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12 December 2025 |
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Application to add co-administratrix dismissed for lack of sufficient evidence and absence of exceptional grounds.
Probate and Administration — appointment of co-administrator under s33 PAEA — discretion and exceptional grounds; family meeting not mandatory; paternity evidence (birth certificate v DNA) — parentage determination requires separate proceedings under LCA
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12 December 2025 |
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12 December 2025 |
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Extension of time granted where technical defects and administrative errors prevented timely filing; application found competent and arguable.
Civil procedure – extension of time – Law of Limitation Act s.14 and Magistrates’ Courts Act s.25(1)(b) – Electronic filing rules (Amendment) 2025 – deemed filing upon submission with fee paid within seven days – Lyamuya test for sufficient cause – procedural defects curable where substance of grounds is disclosed – technical delay caused by defective court documents.
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11 December 2025 |
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Appeal dismissed: divorce for cruelty upheld; matrimonial property division, custody, and access orders affirmed.
Matrimonial law – divorce for irretrievable breakdown (cruelty/adultery) – proof by PF3 and photograph; Matrimonial property – presumption where acquired during marriage; Contribution includes direct financial and indirect domestic work; Custody – best interests, continuity of care; Access – reasonable orders considering parent’s relocation; First appellate reappraisal of evidence.
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11 December 2025 |
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A district court must invoke s22(1) revisional powers to examine Primary Court probate jurisdictional defects.
Magistrates' Courts Act s22(1) – District Court revisional jurisdiction – calling for Primary Court records; Revision as remedy for third-party creditors lacking appeal rights; Locus standi of creditors in probate revision; Jurisdictional challenge to Primary Court in probate (domicile and personal law); Distinction between taxation/civil suit and revision where proceedings may be void ab initio.
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11 December 2025 |
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A subsisting grant of administration bars a fresh petition until it is lawfully set aside.
Probate law – Letters of administration – Prior grant remains valid until lawfully set aside – Res judicata under section 11 CPC bars fresh petition on same estate – Jurisdictional complaints cannot bypass requirement to revoke prior grant.
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11 December 2025 |
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10 December 2025 |
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10 December 2025 |
| November 2025 |
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Court granted letters of administration after finding the petitioner complied with statutory probate and publication requirements.
Probate law – Grant of letters of administration under section 56 PAEA – Compliance with Probate Rules 39, 63, 73 and 76 – Publication and lapse of caveat period – Requirement to open Special Mirathi Account under Rule 105A – Non‑contentious grant.
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28 November 2025 |
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Appellate court upholds matrimonial property division, revises business share to 70/30, and rejects procedural nullity claims.
Family law – division of matrimonial property – Marriage Conciliation Board certificate – admissibility and jurisdiction; contribution to sole proprietorship as matrimonial contribution; integrated business apportioned 70/30; cohabitation and pre-formal marriage acquisitions treated as matrimonial; procedural irregularities (oath, reading exhibits) technical where no prejudice shown.
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28 November 2025 |
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The appeal was struck out as premature under section 84(2) and for improperly joining a non‑party; lower court proceedings were nullified.
Civil procedure – Appeals – interlocutory/preliminary objections – section 84(2) Civil Procedure Code – appeal competence; Probate – party status – improper joinder of non‑party on appeal; Revision – nullification of lower court proceedings where parties misidentified.
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28 November 2025 |
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Mother’s custody upheld; courts erred by prioritizing alleged illegal residence abroad over the child's best interests.
Child custody — Best interests of the child paramount — Residency abroad not determinative — Burden of proof on party alleging illegal residence — Continuity of care and presumption favouring mother of child under seven — Access order to non-custodial parent
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28 November 2025 |
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Whether the petitioner satisfied statutory probate requirements to obtain letters of administration and open a Special Mirathi account.
Probate law – Grant of letters of administration – Compliance with s.56 PAEA and Probate Rules (39, 63, 73, 76) – Death certificate and citation publication – No caveat – Rule 105A Special Mirathi Account
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27 November 2025 |
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Omission of parties and citing a deceased in a probate appeal vitiated proceedings, warranting revision and quashing.
Probate law — omission/misjoinder of parties — deceased cited as litigant — competence preliminary objection — right to be heard — proceedings vitiated; revision warranted.
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27 November 2025 |
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Application for extension denied: no apparent illegality and applicant failed to account for inordinate delay.
Civil procedure — extension of time — applicant must account for all delay, demonstrate diligence; apparent illegality must be obvious on record; access orders in custody proceedings not per se illegal; prospects of success not decisive for extension (Lyamuya; Valambhia; Bushiri).
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26 November 2025 |
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Whether matrimonial property may be awarded where ownership documents are uncertified and a party disowns the property.
Matrimonial property division; admissibility of certified photocopies (s.88 Evidence Act); burden of proof in matrimonial causes; estoppel by disavowal of ownership; court not obliged to value properties absent party evidence.
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26 November 2025 |
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Appellant's e-filing problems did not excuse delay; appeal was time-barred and dismissed.
Civil procedure – limitation of time – preliminary objection – e-filing technical problems – Rule 24(5) Electronic Filing Rules – Law of Limitation Act section 14 – overriding objective cannot cure jurisdictional time-bar.
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26 November 2025 |
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Appeal dismissed: trial court’s closure of defence breached right to be heard; judgment was not strictly ex parte, appeal remedy appropriate.
Civil procedure — ex parte judgment — definition and applicability of Rule 23(a) and Rule 30 of the Magistrates' Courts (Civil Procedure in Primary Courts) Rules; Right to be heard — Article 13(6)(a) — adjournments, advocate’s absence, summons and due diligence; Appeal vs setting-aside remedies
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26 November 2025 |
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Failure to join and hear a purchaser with an interest in estate property vitiates probate proceedings for denying the right to be heard.
Probate/administration – sale of estate property – necessity to join third-party purchaser – right to be heard (audi alteram partem) – failure to join necessary party vitiates proceedings – remittance for rehearing
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24 November 2025 |
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Absence of an admitted certificate of failure to reconcile under s101 vitiates a divorce proceeding for lack of jurisdiction.
Law of Marriage Act s101 — jurisdictional requirement of a Certificate of Failure to Reconcile; annexures not admitted are not evidence; matrimonial property division (pension contributions) raised but not determined
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24 November 2025 |
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Second appeal confined to errors of first appellate court; Primary Court had jurisdiction where pleadings invoked Islamic law.
Civil procedure — Second appeal — limits of review — second appellate court confined to errors of first appellate court; grounds attacking trial court are incompetent. Civil procedure — Competence — grounds not raised in first appeal cannot be raised in second appeal
Jurisdiction — Primary Court probate jurisdiction under section 18(1)(a)(i) arises where pleadings show estate governed by Islamic/customary law. Procedural law — Court may strike out late filings made without leave
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21 November 2025 |
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Appeal found timely; fraud not proved; extension-to-file-inventory must be adjudicated separately by the trial court.
Probate law – Administration of estates – Allegation of fraud/forgery in procurement of letters of administration – high standard of proof required
Civil procedure – Time limitation – extension of time and omission of supporting order – overriding-objective and 'oxygen' principles
Probate procedure – Requirement of family meeting minutes – not a statutory prerequisite
Appellate review – concurrent findings of fact – interference only where unsupported or causing miscarriage of justice
Procedural fairness – substantive applications (extension of time to file inventory) must be separately adjudicated
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21 November 2025 |
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Appeal dismissed: heirs failed to prove fraud or breach justifying removal of the estate administrator.
Estate administration — revocation of grant — Rule 9(1) — high threshold for removal (fraud, fundamental misconduct, breach of fiduciary duty) — sale by administrator — public auction and notice — valuation not binding — court account to secure disputed proceeds
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17 November 2025 |
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14 November 2025 |
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Extension application struck out because it relied on an incorrectly dated judgment; rejoinder expunged.
Limitation law – s.14(1) Law of Limitation Act – extension of time requires good cause and accounting for each day of delay
Civil Procedure – Order XIX Rule 3 – affidavits must contain facts within deponent’s knowledge; argumentative/hearsay material is expungable
Evidence/Records – discrepancy between oral delivery and e-CMS generated judgment dates affects calculation of limitation period and competence of applications
Civil procedure – court may strike out applications premised on defective or incorrectly dated records to prevent miscarriage of justice
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14 November 2025 |
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Whether disputed assets acquired during marriage are matrimonial and how they should be equitably divided.
Family law – Matrimonial property – Section 114 LMA – Classification of assets acquired during marriage – Recognition of monetary and non-monetary/domestic contributions – Equitable (not automatic equal) division – Timing of acquisition/ construction and effect on matrimonial status – Valuation and sale to realize shares.
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14 November 2025 |
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10 November 2025 |
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7 November 2025 |
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7 November 2025 |
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7 November 2025 |
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7 November 2025 |
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7 November 2025 |