[2016] KEKC 33 (KLR)
The court held that the valuation of the Mwandoni house at KES 4,000,000, as conducted by Value Consults Limited, was valid and binding for the purposes of distributing the estate, since the respondent failed to provide any alternative valuation or credible basis for objection. The estate, comprising the Mwandoni...
Source-derived case information.
- Citation
- [2016] KEKC 33 (KLR)
- Parties
- Applicant: Safiya Abdulhussein; Respondent: Gulam Abdulhussein
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 96 of 2010
- Procedural Posture
- Succession Cause / Ruling on Distribution of Estate
- Outcome
- Estate distributed among heirs as per Islamic law; respondent to be paid his share and vacate property.
- Judges
- AH Athman
- Legal Topics
- Succession Distribution, Muslim Law Inheritance, Valuation of Estate, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Safiya Abdulhussein
Applicant
Gulam Abdulhussein
Respondent
Procedural Posture
Succession Cause / Ruling on Distribution of Estate
Legal Issues
- 1 Whether the valuation of the estate property is accurate and binding for distribution purposes.
- 2 Whether the respondent is entitled to object to the valuation without providing an alternative valuation.
- 3 How the estate should be distributed among the heirs according to Islamic law and the court's previous judgment.
Ratio Decidendi
The court held that the valuation of the Mwandoni house at KES 4,000,000, as conducted by Value Consults Limited, was valid and binding for the purposes of distributing the estate, since the respondent failed to provide any alternative valuation or credible basis for objection. The estate, comprising the Mwandoni house and the previously sold Mavueni farm, was to be distributed among the heirs in accordance with Islamic law, with each son receiving two-eighths and each daughter one-eighth of the total estate value. The respondent was entitled to his share but was required to accept payment from the other heirs, who had offered to buy the property, and to vacate the property upon receipt...
Court Disposition
Estate distributed among heirs as per Islamic law; respondent to be paid his share and vacate property.
Orders
- The Mwandoni house is valued at KES 4,000,000 for distribution purposes.
- The Mavueni farm is valued at KES 270,000 for distribution purposes.
Full Case Text
Judgment text and source record
24 paragraphs
In re Estate of Abdulhussein Awadh (Deceased) (Succession Cause 96 of 2010) [2016] KEKC 33 (KLR) (5 May 2016) (Ruling)
In re Estate of Abdulhussein Awadh (Deceased) [2016] eKLR
Neutral citation: [2016] KEKC 33 (KLR)
Republic of Kenya
In the Kadhis Court at Mombasa
Succession Cause 96 of 2010
AH Athman, PK
May 5, 2016
IN THE MATTER OF THE ESTATE OF ABDULHUSSEIN AWADH ............ DECEASED
Between
Safiya Abdulhussein
Petitioner
and
Gulam Abdulhussein
Respondent
Ruling
1. This is a ruling on distribution of the estate. Judgment in this matter was entered on October 2, 2014. The estate comprises of:1. A house without land on Plot No 49A /I/MN at Mwandoni2. A [12. 8 acres] farm at Majajani, Mavueni - Kilifi. [subdivision No 13 Group III]
2. The Mavueni farm was sold in 2005 without consent of heirs by Awadh Abdulhussein at KES 270,000. 00. The cost would be considered issued to him in final distribution. Leave was granted to all parties to do valuation. The respondent's proposal was for the sale of the property and distribution of proceeds while the petitioner preferred distribution of proceeds of sale.
3. Valuation done by Value consults limited dated September 23, 2015 returned a value of KES 4,000,000. 00 for the Mwandoni Swahili house without land. The respondent disagrees with this valuation but gave no basis to his disagreement and had not filed any valuation of his own. He had more than [18] months to do and file valuation but had not. I adopt this as representing the correct value of the property for purpose of distribution of the estate.
4. The heirs failed to appoint a joint administrator to manage the house. The respondent apparently has vested interest in the status quo but the status quo is detrimental to other heirs who are not getting their share of proceeds of the estate.
5. The respondent is entitled to his share but it is now settled practice that estate properties are first offered for sale to heirs and beneficiaries and only offered to third parties where none of the heirs is able or willing to buy the property. The other heirs having offered to buy the property, it shall be offered to them.The value of the estate is as follows:i.The Mwandoni house 4,000,000. 00ii.The Mavueni farm 270,000. 00iii.Total 4,270,000. 00The heirs and their respective shares are:1. Awadh Abdulhussein son2. Zulekha Abdulhussein daughter3. Gulam Abdulhussein son4. Swafiya Abdulhussein daughter5. Mbarak Abdulhussein sonEach son = 2/8Each daughter =1/8The share of each son = 1,067,500. 00The share of each daughter = 533,750. 00The respondent's share = 1,067,500. 00Awadh's share [less 270,000. 00] = 797,500. 00
6. The respondent be paid his share KES 1,067,500. 00 through court deposit within three [3] months from date hereof, upon which he shall cease to have any share or interest in the estate property and shall give vacant possession of the property or any part thereof within [30] days.
7Orders accordingly.
DATED AND DELIVERED AT MOMBASA ON 5TH MAY 2016ABDULHALIM H. ATHMANPRINCIPAL KADHIIn the presence ofMr. Yusuf K. Abdulrahman, Court AssistantMr. Mwadzogo for the petitionerMr. Apollo Muinde for respondent .