Fadhiya Salim Faraj v Faiz Mohamoud Abdalla [2019] KEHC 7663 (KLR)
- Court
- High Court of Kenya
- Case number
- 7663
- Citation
- [2019] KEHC 7663 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment of Hon. Sheikh Abdulhalim H. Athman, Principal KadhiCoramM. THANDE
Holding
The purported will is invalid, and the deceased's heirs are Swaleh Said Swaleh, Fathiya Salim Faraj, and Faraj Salim Faraj. Each party shall bear their own costs.
Facts
The deceased, Warda Said Saleh, died on 29.9.15 in Mombasa. She left properties and a liability. The Appellant, Fadhiya Salim Faraj, claimed the deceased left a will charging her to manage the properties and discharge liabilities, while the Respondent, Faiz Mohamoud Abdalla, claimed he was the deceased's husband and entitled to half share of the properties.
Issues
- Validity of the purported will
- Distribution of the deceased's estate
- Responsibility for rental income
Reasoning
The court found the will invalid due to its ambiguity and exclusion of rightful heirs. The deceased was married to the Respondent, and the court distributed the estate accordingly.
Outcome
Appeal partially successful
Orders
- Purported will invalid
- Heirs distribution: Swaleh Said Swaleh 2/3, Fathiya Salim Faraj 1/6, Faraj Salim Faraj 1/6
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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