In re Estate of Hashmatbibi Kherdin Imamudin (Deceased ) (Succession Cause 159 of 2011) [2016] KEKC 14 (KLR) (18 August 2016) (Judgment)
- Court
- KEKC
- Case number
- 14
- Citation
- [2016] KEKC 14 (KLR)
- Decided
- 18 August 2016
The court lacks jurisdiction to revoke the title and the property is available for distribution to the heirs.
Facts
The property in dispute was originally a house without land belonging to the deceased's father, Kherdin Imamudin. It was registered in the deceased's mother's name, Hashmatbibi Khairdin, in 1988. The respondent claims he bought the property from his mother and registered it in his name in 2007.
Issues
- Whether Kadhi's court has jurisdiction to revoke title in a succession matter
- Whether the property is available for distribution
- Heirs and their respective shares
- Distribution
Reasoning
The court's jurisdiction is limited to inheritance matters and does not include the power to revoke titles. The property was registered in the deceased's mother's name and was transferred to the respondent after her death.
Outcome
The court ordered the respondent to restrain from selling the property and to distribute the estate to the legal heirs according to Islamic law.
Orders
- Restraining the respondent from selling the property
- Distribution of the estate to legal heirs according to Islamic law
Authorities cited
Legislation (2)
- Kadhis Court Act
- Land Registration Act
Cases cited (2)
- Chelanga v Juma
- Ali Shitialo Ibrahim P
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