In re Estate of Guyo Sode (Deceased) (Succession Cause 37 of 2019) [2022] KEKC 169 (KLR) (28 November 2022) (Judgment)
- Court
- KEKC
- Case number
- 169
- Citation
- [2022] KEKC 169 (KLR)
- Decided
- 28 November 2022
Plot No. 66 will form part of the estate of the deceased and will be inherited by the deceased's sons. Plot No. 802 will not form part of the estate.
Facts
The deceased, Guyo Sode, had three sons and one adoptive son. He left behind two properties: Plot No. 66 and Plot No. 802. The deceased informed his sons that Plot No. 66 should be shared between them, and the rental income should be shared on an alternating monthly basis. Plot No. 802 is currently occupied by the respondent.
Issues
- Distribution of the deceased's property among his heirs in accordance with Islamic law of succession
- Ownership of Plot No. 802
Reasoning
The court found that Plot No. 66 should be inherited by the deceased's sons due to the deceased's prior allocation of the property. Plot No. 802 was not part of the deceased's estate as the respondent had acquired it through the county council.
Outcome
The court ordered the distribution of Plot No. 66 among the deceased's sons and dismissed the claim regarding Plot No. 802.
Orders
- Plot No. 66 will be inherited by the deceased's sons
Authorities cited
Cases cited (1)
- Hadith of the Prophet (peace be upon Him)
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