In re Estate of Hassan Hamis Said (Deceased) [2018] KEKC 24 (KLR)
- Court
- KEKC
- Case number
- 24
- Citation
- [2018] KEKC 24 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPosturePetition for confirmation of letters of administrationCoramCA - Okwaro
Holding
The estate will be distributed as per Islamic law, with 50% of the shares in the Redhat Restaurant to be distributed after the sale of the business.
Facts
The deceased, Hassan Hamis Said, died intestate on 31st December, 2017, leaving behind land, shares in a restaurant, and cash. He was survived by a mother, two brothers, and one sister. The elder brother, Said Khamis Said, was sick and needed funds for dialysis.
Issues
- Distribution of the deceased's estate in accordance with Islamic law
- Distribution of the 50% shares in the Redhat Restaurant
Reasoning
The court will determine shares based on Islamic law, guided by relevant provisions of the Constitution, Kadhi's Court Act, and Law of Succession Act.
Outcome
The judgment was delivered on December 24, 2018.
Orders
- Joint registration of 0.08HA of land
- Transfer of funds from the deceased's bank accounts to Said Khamis Said
- Distribution of cash to the heirs
- Distribution of 50% of the Redhat Restaurant shares to the heirs
Remedies
- Costs of Ksh 35,000.00 to be borne by the estate
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Kadhi's Court Act Cap 11
- Law of Succession Act Cap 160
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.
Loading judgment…