SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

In re Estate of Hussein Galgalo Jillo (Deceased) (Succession Cause 21 of 2020) [2021] KEKC 4 (KLR) (16 November 2021) (Judgment)

[2021] KEKC 4 (KLR) KEKC
Read PDF
Court
KEKC
Case number
4
Citation
[2021] KEKC 4 (KLR)
Decided
16 November 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSuccessionPosturePetitioner vs Respondent in a Succession CauseCoramHON. ABDULHALIM H. ATHMAN
Holding

The court declares the petitioner the legal heir of the deceased and restrains the respondent from using the suit property.

Facts

The deceased, Hussein Galgalo Jillo, was survived by his widow Habiba Sharo Jirma and four children. The respondent, Waqo Galgalo Jillo, claims to be a legal heir and is living on the suit property, Plot No Isiolo / Maisha Bora /251.

Issues

  1. Whether the petitioner is a legal heir of the deceased
  2. Whether the respondent is obstructing the petitioner's enjoyment of the suit property

Reasoning

The court found that the deceased was survived by his widow and four children, and that the respondent was not a legal heir. The court also noted that the petitioner has been living on the property and has been obstructed from using it.

Outcome

The court granted the petitioner's prayer.

Orders

  • The court orders the respondent to be restrained from using the suit property.
  • Each party to bear its own costs.
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case