In re Estate of James Kiwanuka (Deceased) [2015] KEKC 3 (KLR)
- Court
- KEKC
- Case number
- 3
- Citation
- [2015] KEKC 3 (KLR)
The court found the information given to the court by the respondent petitioner to be false and clarified that each son is entitled to twice the share of the daughter under Islamic law. The applicant is appointed as the administrator of the estate, and the plot belongs to the late James Kiwanuka.
Facts
The applicant, Bakari Yusufu, sought to review a judgment issued on July 2, 2015, which appointed Asman Manja as the administrator of the estate of James Kiwanuka. The applicant alleged that the objector was not given a chance to participate in the proceedings and that the judgment was based on false information.
Issues
- The objector's right to participate in the proceedings
- The appointment of Asman Manja as administrator of the estate
- The distribution of the estate
Reasoning
The court ruled that the information provided by the respondent petitioner was false and that the son should be entitled to twice the share of the daughter under Islamic law.
Outcome
The judgment is set aside, and the applicant is appointed as the administrator of the estate.
Orders
- The applicant is appointed as the administrator of the estate.
- The plot belongs to the late James Kiwanuka and the applicant has a right to it as a beneficiary.
- The applicant must pay for the house within 60 days.
- The share for the respondent petitioner and his siblings will be distributed by the court.
- Asman Manja is restrained from collecting rent from November 2015.
Remedies
- Appointment of the applicant as the administrator of the estate.
- Distribution of the estate among the beneficiaries.
Authorities cited
Legislation (2)
- Islamic law
- Section of the law
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