[2016] KEKC 12 (KLR)
The court found that all buyers had legally purchased their respective portions of the estate and that there was no dispute regarding these transactions. The remaining land was to be distributed among the heirs according to Islamic law, with specific shares calculated for each son, daughter, and the widow. The court...
Source-derived case information.
- Citation
- [2016] KEKC 12 (KLR)
- Parties
- Applicant: Abul Barry Abdul Rahim; Respondent: Nuru Chepkemboi
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2 of 2014
- Procedural Posture
- Succession Cause / Review of Judgment
- Outcome
- Application for review allowed; estate to be distributed as per Islamic law and buyers' entitlements.
- Legal Topics
- Islamic Succession, Distribution of Estate, Sale of Inherited Land, Beneficiary Entitlements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abul Barry Abdul Rahim
Applicant
Nuru Chepkemboi
Respondent
Procedural Posture
Succession Cause / Review of Judgment
Legal Issues
- 1 Is it possible for buyers to get their portion of the estate as claimed by the petitioner?
- 2 Should the remaining land be distributed among the heirs in accordance with Islamic law?
Ratio Decidendi
The court found that all buyers had legally purchased their respective portions of the estate and that there was no dispute regarding these transactions. The remaining land was to be distributed among the heirs according to Islamic law, with specific shares calculated for each son, daughter, and the widow. The court further determined that any heir who had sold more than their entitled share had no further claim to the estate. The applicant and Nuru Chepkemboi were appointed as administrators to ensure the proper distribution of the estate to both buyers and beneficiaries.
Court Disposition
Application for review allowed; estate to be distributed as per Islamic law and buyers' entitlements.
Orders
- The applicant and Nuru Chepkemboi shall be administrators to ensure that every beneficiary and buyer gets their share.
- Estate to be distributed in accordance with Islamic law, with buyers receiving their purchased portions and the remainder allocated to heirs as specified.
Full Case Text
Judgment text and source record
73 paragraphs
REPUBLIC OF KENYA
IN THE KADHIS COURT AT KISUMU
SUCCESSION CAUSE NO 2 OF 2014
IN THE MATTER OF THE ESTATE OF ABDURAHIM SAID (DECEASED)
ABUL BARRY ABDUL RAHIM.....................................APPLICANT
RULING
This is a review of the earlier Judgment delivered on 18th day of MAY 2015.
ABUL BARRY ABDUL RAHIM of identity card number […] referred herein as a petitioner filed a petition on 9th day of FEB 2015
The petitioner claimed that : the deceased was his father left behind children namely:
1- NURU CHEPKEMBOI (WIDOW)
2- ABDUL BARY ABDULRAHIM (SON)
3-MOHAMED ABDULRAHIM (SONDECEASED)
4-SAID GEDU ABDULRAHIM (SONDECEASED)
5-ABDULRAHMAN KEPRUTO ABDULRAHIM (SON)
6-MARIYAM CHEPKOMBOI ABDULRAHIM (DAUGHTER)
7- RAHMA ABDULRAHIM (DAUGHTER)
8- ZENA CEPBET ABDULRAHIM (DAUGHTER)
9- RAMLA CHEPCHIRCHIR (DAUGHTER DECEASED)
He prayed for:
a- That the buyers to get their portions and the remaining land to be distributed to them in accordance with Islamic law.
The petitioner sought that he would like the buyers to get their potions and the remind land to distributed to them accordance with Islamic law
Abdul Swamad and his siblings should also get their portion as they sold to their father late Ustadh HassanNoor.
The petitioner asked for summons to be issued to his siblings and his mother He produced list of buyers and the following are buyers:
1- Daniel Sigilai 1. 25 acres
2- Robrt Ondusu 0. 25 acres
3- Maratha Adema 0. 10 acres
4- Lucy Mugambe 0. 10 acres
5- Pamela Ingefu 0. 20 acres
6- Hassan Noor 1. 40 acres
7- Enos Mbono 0. 10 acres
8- Evan Idia 0. 10 acres
9- Josephine Moraa 0. 20 acres
10- Oliver Magam Beru 0. 20 acres
to support the issue the petitioner availed two witness namely Abubakar Sadalla and Mohamed they testified confirming the petitioner’s claim in respect of the Nandi kamobo plot no 174 claims that Munira and Mama baby sold 1acre to Hassan Noor they were paid 400000/= they sold mother's share also the late Hassan Noor bought 1point from Shakila .The sons Abdilbary and abdurahman sold 3 points to him.
I have noted the issue clearly and I found that The matter was not contested as buyers said
upon hearing the petitioner herein and the witnesses availed by him and upon read for the documents the maters to be determine are:
a- Is it possible for buyers to get their portion?
b- The remaining land to be distributed to them in accordance with Islamic law as petitioner's prayers.
it is clear to this court that all buyers bought their portion legally and there is no dispute.
The total size of the estate no 174 was 6. 643 acres .The total land occupied by purchasers is 3. 90 acres. And the proposed road are estimated to take 0. 28 acres .This leave the family with a total of 2. 463 acres.The family land comprises three (3) portion as follow:
a) Plain land south of the road(11 a) 1. 26 acres.
b) Plain land north of the road(11b) 0. 802 acres.
c) Area under tea cultivation 0. 40 acres.
Mariyam sold 0. 2 points to Pamela Ingefu.
Abdul bary sold the following :
2. 5 points to sara
1. 5 points to Noor Hasan
1. 0 point to martha
1. 0 point to Lucy
1. 0 point to Nicholas (Enos mbone)
7. 0 points in total.
Abdul rahman sold the fillowing :
1. 5 points to Noor Hasan only.
Mohamed sold the following:
2. 5 points to Sigilai.
2. 5 points to Onduso.
2. 5 points to servai.
1. 0 point to Shakila.
8. 5 points in total.
Each son is entitled to 0. 7634 each daughter entitled 0. 3817 the widow Nuru Chekemboi entitled to 0. 5453.
that is according to Islamic law.
it is evident to this court that Abdubary sold a total of 0. 7 points ( acre) therefore He has abalance of 0. 0634
Mohammad is entitled to 0. 7634 and he sold a total of 0. 85 therfore exceeding his share by 0. 0866. on this bases has no right in this estate.
Abdulrahman is entitled to 0. 7634 and he sold 0. 15 potnts therefore his share remains 0. 6134.
Maryam is entitled to 0. 3817and she sold 0. 2 potnts therefore his share remains 0. 1817.
Zena is entitled to 0. 3817.
Rahma is entitled to 0. 3817.
Ramla is entitled to 0. 3817.
It is hereby order that:
the applicant and NUUR Chekpoi shall be administrator to ensure that every beneficiary and buyers get their shares .
I read and delivered this 22th day of FEBRUARY 2016in the presence of Mursal M Sizi ------ Kadhi 11
court asistant--------- Rahma Akidah
Petitioner