[2016] KEKC 4 (KLR)
The court determined that the estate of the late Maulidi Ali Bozo, consisting of a 4.2 hectare plot, should be distributed among his legal heirs in accordance with Islamic succession law. The deceased was survived by one daughter, Bahati Maulidi Ali, and two brothers, Mohamed Ali Bozo and Juma Katama Ali. The court...
Source-derived case information.
- Citation
- [2016] KEKC 4 (KLR)
- Parties
- Applicant: Mohamed Ali Bozo; Respondent: Juma Katama Ali; Respondent: Bahati Maulidi Ali
- Court
- Kadhis Courts
- Court Station
- Kadhis Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 40 of 2016
- Procedural Posture
- Succession Cause / Judgment
- Outcome
- Estate distributed among legal heirs as per Islamic law.
- Legal Topics
- Islamic Succession, Distribution of Estate, Legal Heirs, Land Allocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Ali Bozo
Applicant
Juma Katama Ali
Respondent
Bahati Maulidi Ali
Respondent
Procedural Posture
Succession Cause / Judgment
Legal Issues
- 1 Who are the legal heirs of the estate of Maulidi Ali Bozo (deceased).
- 2 How should the 4.2 hectare plot be distributed among the heirs according to Islamic law.
Ratio Decidendi
The court determined that the estate of the late Maulidi Ali Bozo, consisting of a 4.2 hectare plot, should be distributed among his legal heirs in accordance with Islamic succession law. The deceased was survived by one daughter, Bahati Maulidi Ali, and two brothers, Mohamed Ali Bozo and Juma Katama Ali. The court applied the principles of Islamic inheritance, allocating half of the deceased's share to his daughter and the remaining half equally between the two brothers. The final distribution resulted in Bahati Maulidi Ali receiving 0.7 hectares, and each brother receiving 1.75 hectares, reflecting both their original entitlement and the inherited share from the deceased. The court's...
Court Disposition
Estate distributed among legal heirs as per Islamic law.
Orders
- Bahati Maulidi Ali to receive 0.70 hectares of the plot.
- Juma Katama Ali to receive 1.75 hectares of the plot.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE KADHI’S COURT AT MALINDI
SUCCESSION CASE No. 40 OF 2016
IN THE MATTER OF THE ESTATE OF MAULIDI ALI BOZO (DECEASED)
MOHAMED ALI BOZO..........................................PETITIONERS
JUDGEMENT
The petitioner filed his succession suit on the 1st November, 2016. That his late father Mr. Ali Bozo at the time when the land adjudication board visited our area my father had passed away and the said plot was registered in the name of his three sons namely:-
1. Maulidi Ali Bozo (now deceased)
2. Juma Katama Ali
3. Mohamed Ali Bozo
The acreage of the plot is 4. 2hectares. So the late Maulidi Ali Bozo is survived by one daughter and two petitioners. His wife predeceased him.
So parties to this case have come for the distribution of the plot and the determination of the legal heirs and their allocated shares.
The three sons of the late Ali Bozo will each receive 1. 4hectares each. Then Maulidi Ali Bozo, upon his death was survived his daughter BAHATI MAULIDI ALI holder of ID No. 21946917.
The distribution of the deceased estate will be as follows:-
1. BAHATI MAULIDI will get half share which is 0. 7hectares.
2. Mr. JUMA KATAMA ALI will get ¼ share which is 0. 35hectares.
3. Mr. MOHAMED ALI BOZO will get ¼ share, which is 0. 35hectares.
So the final shares will be as follows:-
1. Mr. JUMA KATAMA ALI will get 1. 75hectares
2. Mr. MOHAMED ALI BOZO will get1. 75hectares.
3. MRS. BAHATI MAULIDI ALI will get 0. 70hectares.
Dated signed and delivered at Malindi this 7th day of November 2016.
Hon Salim S. Mohamed
Principal Kadhi
Malindi.
7/11/2016
In the presence of Ms. Aisha Rajab Mwango, Ms. Bahati Maulid (Deceased daughter), Mr. Mohamed Ali Bozo (petitioner).