[2016] KEKC 26 (KLR)
The court found that the judgment contained errors apparent on the face of the record, particularly regarding the identification and shares of certain heirs. By consent of the parties, the court rectified the record to accurately reflect the status of all heirs, including amendments for deceased heirs without...
Source-derived case information.
- Citation
- [2016] KEKC 26 (KLR)
- Parties
- Applicant: Firoz Sidik; Applicant: Zafar Fakir Mohamed; Applicant: Altaaf Abdulkarim; Respondent: Hasham Ahmed; Respondent: Mohamed Hussein Ahmed
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 52 of 2015
- Procedural Posture
- Succession Cause / Ruling on Rectification and Clarification of Judgment and Distribution of Estate
- Outcome
- Rectification of judgment granted; final list of heirs and shares adopted; parties to consult on final distribution.
- Judges
- AH Athman
- Legal Topics
- Succession of Estates, Distribution of Inheritance, Islamic Law of Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Firoz Sidik
Applicant
Zafar Fakir Mohamed
Applicant
Altaaf Abdulkarim
Applicant
Hasham Ahmed
Respondent
Mohamed Hussein Ahmed
Respondent
Procedural Posture
Succession Cause / Ruling on Rectification and Clarification of Judgment and Distribution of Estate
Legal Issues
- 1 Whether the judgment contained errors apparent on the face of the record requiring rectification.
- 2 How the estate of the deceased should be distributed among the heirs in accordance with Islamic law and the parties' agreements.
- 3 Whether all heirs and their shares have been correctly identified and included in the final distribution list.
Ratio Decidendi
The court found that the judgment contained errors apparent on the face of the record, particularly regarding the identification and shares of certain heirs. By consent of the parties, the court rectified the record to accurately reflect the status of all heirs, including amendments for deceased heirs without children and clarification of previously omitted heirs who were in fact included in the calculations. The court confirmed the final list of heirs and their respective shares in accordance with Islamic law and the parties' agreements. The court further held that property MSA/Block XIX/193, having been registered in the names of the deceased and his children (except one daughter) and...
Court Disposition
Rectification of judgment granted; final list of heirs and shares adopted; parties to consult on final distribution.
Orders
- The judgment is rectified to reflect the correct list of heirs and their respective shares as set out in the ruling.
- The valuation of estate properties as conducted by Value Consult is adopted for purposes of distribution.
Full Case Text
Judgment text and source record
28 paragraphs
In re Estate of Ahmed Ladha (Decease) (Succession Cause 52 of 2015) [2016] KEKC 26 (KLR) (28 January 2016) (Ruling)
Firoz Sidik & 2 others v Hasham Ahmed & another [2016] eKLR
Neutral citation: [2016] KEKC 26 (KLR)
Republic of Kenya
In the Kadhis Court at Mombasa
Succession Cause 52 of 2015
AH Athman, PK
January 28, 2016
Between
Firoz Sidik
1st Petitioner
Zafar Fakir Mohamed
2nd Petitioner
Altaaf Abdulkarim
3rd Petitioner
and
Hasham Ahmed
1st Respondent
Mohamed Hussein Ahmed
2nd Respondent
Ruling
1. The judgment in this matter had errors apparent on the face of the record. By consent of counsels of parties Mr Simiyu for petitioners and Mr Mwadzogo for respondents, the amendments regarding the Roshan being a granddaughter, Yusuf Ayub and Najma Fakirmohamed being deceased without children have been adopted. Although Mukhtar and Ferzana Abdulkarim were not listed as children of Abdulkarim Ahmed in the initial list, they had been considered in the calculations and appeared in the final list of heirs. The same has however been clarified.
2. The final list of heirs and their respective shares are:1. Hasham Ahmed Ladha son Respondent 13. 33%2. Mohamedhussein Ahmed Ladha son Respondent 13. 33%3. Mohamed Iqbal Sidik grandson 1. 64%4. Mohamed Nazir Sidik grandson 1. 64%5. Mohamed Hanif Sidk grandson 1. 64%6. Firoz Sidik grandson 1st petitioner 1. 64%7. Roshan Sidik granddaughter 0. 82%8. Kulsum Sidik granddaughter 0. 82%9. Mariam Sidik granddaughter 0. 82%10. Hamida Sidik granddaughter 0. 82%11. Gulshan Sidik granddaughter 0. 82%12. Firdaus Sidik granddaughter 0. 82%13. Rashida Sidik granddaughter 0. 82%14. Shabina Sidik granddaughter 0. 82%15. Noorbanu Ayub daughter in law 1. 665%16. Mohamed Rafik Ayub grandson 2. 591%17. Amir Ayub grandson 2. 591%18. Mohamed Ashraf Ayub grandson 2. 591%19. Sakina Ayub granddaughter 1. 295%20. Zubeda Ayub granddaughter 1. 295%21. Mumtaz Ayub granddaughter 1. 295%22. Mohamed Bashir Esmail grandson 1. 210%23. Mohamed Salim Esmail grandson 1. 210%24. Mohamed Ashik Esmail grandson 1. 210%25. Hamid Esmail grandson 1. 210%26. Noorfatma Esmail granddaughter 0. 605%27. Azmina Esmail granddaughter 0. 605%28. Shemima Esmail granddaughter 0. 605%29. Memuna Esmail granddaughter 0. 605%30. Aslam Abdulla Ahmed grandson 6. 665%31. Arfan Abdulla grandson 6. 665%32. Zulfikar Fakirmohamed Ahmed grandson 4. 443%33. Zafar Fakirmohamed Ahmed grandson 2nd petitioner 4. 443%34. Ahmed Fakirmohamed Ahmed grandson 4. 443%35. Khairunisa Abdulkarim Ahmed daughter in law 1. 666%36. Altaaf Abdulkarim Ahmed grandson,3rd petitioner 3. 332%37. Mustaak Abdulkarim Ahmed grandson 3. 332%38. Mukhtaar Abdulrkarim Ahmed grandson 3. 332%39. Ferzana Abdulkarim Ahmed granddaughter 1. 666%valuation of the estate properties has been done by value consult. The valuer was appointed by consent of parties. The valuation is as follows:S/No.Property Value [Kshs]1 MSA /BlockXXXIII/14 17,000,000. 002 MSA/BlockXXXIII/21 30,000,000. 003 MSA/ BlockXXXIII/22 40,000,000. 004 MSA/ Block XXXIII/24 90,000,000. 005 MSA/Block XXX/12 33,000,000. 006 MSA/ Block XIX/193 40,000,000. 00Total 250,000,000. 00
3. The funds of the three bank accounts have not been declared for purpose of distribution.
4. The property MSA/ Block XIX/193 is registered in the names of Ahmed Ladha, Sidik Ahmed, Ayub Ahmed, Abdulla Ahmed, Fakir Mohamd Ahmed, Hashim Ahmed Mohamed, Mohamed Hussein Ahmed and Abdulkarim Ahmed. Apparently he registered it in his name and that of all his children except the one daughter. Sherbanu not having been registered in this property and not given a corresponding share in any other property, unless the children participated in its purchase, this property should be part of the estate. This is more so as the parties specifically pleaded it was part of the estate which binds parties.
5. All except two of the surviving beneficiaries are second generation heirs. The shares of the eight primary heirs was each son 13. 33% and the daughter's share 6. 66%. The shares of the deceased primary heirs devolves to their respective heirs as indicated hereinabove.
6. Parties to consult and give proposals on final distribution of the estate.
DATED AND DELIVERED AT MOMBASA ON 28TH JANUARY 2016. ABDULHALIM H. ATHMANPRINCIPAL KADHIIn the presence ofMr. Yusuf K. Abdulrahman, Court assistantMr. Simiyu for petitionersMr. Mwadzogo for respondents