In re Estate of Late Mohamed Omar Sala alias Mohamed Abdo Sala (Deceased) (Succession Cause E033 of 2023) [2023] KEKC 28 (KLR) (21 November 2023) (Ruling)
- Court
- KEKC
- Case number
- 28
- Citation
- [2023] KEKC 28 (KLR)
- Decided
- 21 November 2023
The estate of a deceased Muslim person shall be governed by Islamic law, and the applicant is granted the appointment as the personal representative of the deceased's estate.
Facts
The deceased, Mohamed Omar Sala, died on December 24, 2022, leaving behind a legal estate and beneficiaries. The applicant, Habiba Dima Bukicha, seeks to be appointed as the personal representative and distribute the estate.
Issues
- Which law applies to the estate of a deceased Muslim person?
- Who are the rightful and legal heirs to the deceased estate?
- What properties of the estate should form part of the deceased's estate?
- Whether this court can direct and or grant the applicant herein to be appointed as personal representative to the estate of deceased herein?
Reasoning
The court applied the Law of Succession Act, which states that the estate of a deceased Muslim person shall be governed by Islamic law. The court also cited previous cases to support the appointment of the applicant as the personal representative.
Outcome
The applicant is granted the appointment as the personal representative of the deceased's estate and is allowed to distribute the estate.
Orders
- To find that the intestate of Mohamed Omar Sala (deceased) be governed by Islamic law.
- To direct that the petitioner or the applicant herein is and be the appointed representative to the estate of Mohamed Omar Sala (deceased).
- To issue an order granting and allowing the applicant herein Habiba Dima Bukicha to act as a personal representative of the Late Mohamed Omar Sala (deceased).
- To distribute the money in Ethiopian Birr amount 174216 under the care of one Mohamed Abdi Badho to the legal rightful heirs.
Remedies
- Granting the applicant the appointment as the personal representative of the deceased's estate and the distribution of the estate.
Authorities cited
Legislation (2)
- Law of Succession Act (Cap 160)
- Section 2(3) of the Law of Succession Act
Cases cited (2)
- In Re the Estate of Ismail Osman Adam (deceased)
- Saifudean Mohamedali Noorbhai v Shehnaz Abdehussein Adamji
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