Mohamed Hassan Musa & another v Abdi Hassan Musa [2018] KEKC 27 (KLR)
- Court
- KEKC
- Case number
- 27
- Citation
- [2018] KEKC 27 (KLR)
- Decided
- 19 November 2018
The lawful heirs are the widower Hassan Musa and 4 sons and 6 daughters. The shares of the heirs are determined according to Islamic law. The estate plot No. 122 is valued at Kshs. 5 Million, and plot No. 3 at Kshs. 200,000. The widow gets 25.1% of the estate, and every son gets 10.7%. Every daughter gets 5.35%. The respondent is ordered to account for the total rent collected and the balance to be deducted from his share.
Facts
The deceased, Weris, passed away on 14/8/2012. The petitioners, Mohamed Hassan Musa and Fatuma Hassan Musa, sought recognition of lawful heirs, identification of estates left, and the respondent to account for the rent collected from the estate. The respondent admitted the beneficiaries and heirs mentioned in the petition and the estate plots.
Issues
- Death of the deceased
- Lawful heirs
- Estate left
- Processes of sharing
- Accountability of rent collected
Reasoning
The court valued the estate and determined the shares based on the admitted rent collected and the valuation provided by the parties.
Outcome
Appeal dismissed
Orders
- The respondent to account for the total rent collected
- The estate plot No. 122 to be either taken by one or some of the heirs and settled the shares of other heirs or the same to be auctioned and the proceeds to be distributed according to respective shares of heirs
Remedies
- The respondent to account for the total rent collected
- The estate plot No. 122 to be either taken by one or some of the heirs and settled the shares of other heirs or the same to be auctioned and the proceeds to be distributed according to respective shares of heirs
Authorities cited
Legislation (1)
- CAP 4 Section 11 and 12 of Holy Quran
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