THUWEIBA MAKA & 3 OTHERS V AISHA JUMA & ANOTHER [2012] KEHC 1658 (KLR)

Facts

The Appellants and Respondents are siblings of the same mother but different fathers. The claim is with regard to the Estate of Pungu Bint Fathil their mother, which was filed as Succession Cause KCCC No. 147 of 2005. The Appellants contend that the Estate consisted of three houses, including the house in Guraya, which was rejected by the Kadhi.

Issues

1. Whether the Estate is comprised of 2 houses as per the decision of the Kadhi's Court or it comprises of 3 houses as claimed by the Appellants.
2. Whether the Kadhi erred in law and fact in rejecting the Respondent's evidence without legal reason or authority.

Reasoning

The Kadhi considered whether the house belonged to the Estate by considering the evidence on record. The burden of proof was on the Appellants to show that the house formed part of the Estate. The Respondent has adduced evidence that the house was purchased by them, and no one petitioned the court for this property after the death of the seller.

Outcome

Appeal dismissed