[2018] KEKC 20 (KLR)
The court found that the estate of the deceased, consisting of a house on plot No. 731 at Riyadha Lamu, should be distributed among the five legal heirs in accordance with Islamic law. The shares were determined as follows: each daughter receives 1/6 (16.6675%), the son receives 1/3 (33.3325%), and the remaining...
Source-derived case information.
- Citation
- [2018] KEKC 20 (KLR)
- Parties
- Applicant: Juweiriya Umilkheir Silayi; Respondent: Swabra Nanga’yo Silayi; Respondent: Tashrifa Otenyo Silayi; Respondent: Swabir Silayi; Respondent: Ramla Badawy Silayi
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 7 of 2018
- Procedural Posture
- Succession Application / Judgment
- Outcome
- Application allowed; estate distributed among heirs as per Islamic law.
- Legal Topics
- Islamic Succession, Distribution of Estate, Heir Entitlement
- 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
Juweiriya Umilkheir Silayi
Applicant
Swabra Nanga’yo Silayi
Respondent
Tashrifa Otenyo Silayi
Respondent
Swabir Silayi
Respondent
Ramla Badawy Silayi
Respondent
Procedural Posture
Succession Application / Judgment
Legal Issues
- 1 Whether the estate of the deceased Hamida Ahmed Silayi should be distributed among her legal heirs according to Islamic law.
- 2 Whether the heirs are entitled to make improvements on the property inherited.
Ratio Decidendi
The court found that the estate of the deceased, consisting of a house on plot No. 731 at Riyadha Lamu, should be distributed among the five legal heirs in accordance with Islamic law. The shares were determined as follows: each daughter receives 1/6 (16.6675%), the son receives 1/3 (33.3325%), and the remaining daughter receives 1/6 (16.6675%). The court further ordered that the relevant authorities effect the transfer of the property to the heirs as per these shares. The court also acknowledged the right of the heirs to make improvements on the inherited property. The decision was based on the uncontested status of the application and the clear identification of the heirs.
Court Disposition
Application allowed; estate distributed among heirs as per Islamic law.
Orders
- The house on plot No. 731 at Riyadha Lamu is to be distributed among the five heirs as specified: Swabra Nanga’yo Silayi (1/6), Juweiriya Umilkheir Silayi (1/6), Tashrifa Otenyo Silayi (1/6), Swabir Silayi (1/3), Ramla Badawy Silayi (1/6).
- The relevant authorities/trustees at Riyadha Lamu are to effect the transfer of the house to the named heirs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE KADHI’S COURT AT MALINDI
KADHI’S SUCCESSION NO. 7 OF 2018
IN THE MATTER OF THE ESTATE OF HAMIDA AHMED SILAYI – DECEASED
AND
JUWEIRIYA UMILKHEIR SILAYI …………………………PETITIONER
JUDGMENT
This is a succession matter regarding estate of the deceased Hamida Ahmed Silayi on the 19th Feb, 2018.
Her prayer is that the deceased legal heirs be allowed to own what is left by their deceased mother and also be allowed to make improvements on the said property at Riyadha Lamu – plot No. 731. It is the house without land.
This court confirms that the deceased legal heirs are as follows:-
1. Swabra Nanga’yo Silayi holder of ID/Card no: xxxx (daughter)
2. Juweiriya Umilkheir Silayi holder of ID/Card no: xxxx (daughter)
3. Tashrifa Otenyo Silayi holder of ID/Card no: xxxx (daughter)
4. Swabir Silayi holder of ID/Card no: xxxx (son)
5. Ramla Badawy Silayi holder of ID/Card no: xxxx (daughter)
The distribution of the house standing on plot No. 731 situated at Riyadha is vested to the deceased rightful heirs as follows:
a) Swabra Nanga’yo Silayi to get 1/6which is 16. 6675%
b) Juweiriya Ummilkheir Silayi to get 1/6which is 16. 6675%
c) Tashrifa Otenyo Silayi to get 1/6which is 16. 6675%
d) Swabir Silayi to get 1/3 which is 33. 3325%
e) Ramla Badawy Silayi to get 1/6which is 16. 6675%
The relevant authorities/trustees at Riyadha Lamu to effect the transfer of the above mentioned house on plot No. 731 to the above mentioned heirs as stated above.
Dated and delivered at Malindi this 25th day of April, 2018.
SIGNED
HON. SALIM S. MOHAMED
PRINCIPAL KADHI
MALINDI.
In the presence of:-
1. Court Assistant – Abdulhakim B. Abdalla
2. Petitioner – Juweiriya Umilkheir
3. Sheikh Abdulrahman Ahmed Badawy – Uncle to the petitioner