Asitbhai T. Hussein v Hasham Tarmohamed Hussein & another [2017] KEHC 8809 (KLR)
- Court
- High Court of Kenya
- Case number
- 8809
- Citation
- [2017] KEHC 8809 (KLR)
- Decided
- 3 March 2017
The Hon. Kadhi had jurisdiction to determine the matter and the Respondents have a share in the Property.
Facts
The deceased, Tarmohamed Hussein, died leaving an estate including 1/3 share in Mombasa/Block XV/147. His widow, Aminabai Suleiman, and his children filed a suit in the Kadhi's Court seeking distribution of the estate and other relief. The Appellant, Asitbhai Tarmohamed Hussein, claimed the Property was hers, while the Respondents claimed it was part of the estate.
Issues
- Whether the Hon. Kadhi had jurisdiction to determine the matter.
- Whether the Respondents have a share in the Property which is duly registered in the Appellant’s name.
Reasoning
The Hon. Kadhi found that the distribution of the estate by the widow was not in accordance with Islamic law. The Hon. Kadhi ordered the Appellant to account for the shares of all heirs and to buy off the other heirs by giving them their respective shares.
Outcome
Appeal dismissed
Orders
- The Appellant to account for the shares of all heirs and to buy off the other heirs by giving them their respective shares.
- A valuation of 1/3 interest in Mombasa/Block XV/147 to be done and the Appellant to buy off the other heirs by giving them their respective shares.
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