In re Estate of Omar Mohamed Musa (Deceased) (Succession Cause E006 of 2022) [2022] KEKC 161 (KLR) (27 May 2022) (Judgment)
- Court
- KEKC
- Case number
- 161
- Citation
- [2022] KEKC 161 (KLR)
- Decided
- 27 May 2022
The court declared Fatuma Mohamed Ali as the legal wife and an heir, and Jackline Shinda as the legal wife and an heir. The court also declared Hassan Omar as the legitimate child of the deceased.
Facts
The deceased, Omar Mohamed Musa, died intestate. He had two children, Abdi Omar and Yurub Omar, and a son, Hassan Omar. The petitioner, Fatuma Mohamed Ali, claimed to be the deceased's legal wife and sought to be declared an heir. The respondent, Jackline Shinda, claimed to be the deceased's second wife and sought to be included as an heir.
Issues
- Whether Fatuma Mohamed Ali is the deceased's legal wife and an heir
- Whether Jackline Shinda is the deceased's legal wife and an heir
- Whether the deceased was legally married to Jackline Shinda
Reasoning
The court held that the deceased was legally married to Fatuma Mohamed Ali and Jackline Shinda, and that Fatuma Mohamed Ali is the legal wife and an heir. The court also declared Hassan Omar as the legitimate child of the deceased.
Outcome
The court declared Fatuma Mohamed Ali and Jackline Shinda as legal heirs and declared Hassan Omar as the legitimate child of the deceased.
Orders
- That, the respondent was legally married by the deceased
- That, Hassan Omar is the legitimate child of the deceased
- That, both the petitioner and respondent were legally divorced by the deceased before his death
- That, the following are hereby declared as the legal heirs to the estate of the deceased: Nima Mohamed Musa (Mother), Abdi Omar (Son), Yurub Omar (daughter), and Hassan Omar (Son)
- That, the estate of the deceased is composed of monies held in his bank accounts (KCB & Equity) and the deceased house
- That, the mode of the division and distribution of the deceased’s estate shall take the following mode: Nima Mohamed Musa (Mother) – 16.67%, Abdi Omar (Son) – 33.34%, Yurub Omar (daughter)- 16.67% and, Hassan Omar (Son)-33.34%
- That, the petitioner (Fatuma Mohamed] and, the respondent [Jackline Shinda] are jointly appointed as the administrators of the estate of the deceased
- That, there is no order as to cost
Authorities cited
Cases cited (1)
- Ibrahim Aboobaker and Anor v Teik Chand Dolwani and others (AIR 1953 SC 298; (1954) 56 BOMLR6)
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