Aweoha Mohamed Said & another v Khadija Abeid Juma [2005] KEHC 2042 (KLR)
- Court
- High Court of Kenya
- Case number
- 2042
- Citation
- [2005] KEHC 2042 (KLR)
- Decided
- 26 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from Kadhi's Court judgmentCoramD. K. MARAGA
Holding
The house at Mkunumbi belongs to the Respondent and is excluded from the estate. The distribution of the estate shall stand as per the Kadhi's judgment.
Facts
The deceased left properties including two shambas, a plot at Mokowe, and a permanent house at Sargoi in Mombasa. The Kadhi found the house without land at Mkunumbi belonged to the Respondent and excluded it from the estate.
Issues
- Whether the evidence of witnesses was missing from the record
- Whether the Kadhi erred in holding the house at Mkunumbi belonged to the Respondent
Reasoning
The Respondent's evidence and evidence of PW1 supported her claim that the house belonged to her. The Kadhi's judgment was upheld as the evidence was sufficient to support his decision.
Outcome
Appeal dismissed
Orders
- The Respondent is ordered to take a proper denial oath before the Chief Kadhi within one month
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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