[2016] KEKC 40 (KLR)

[2016] KEKC 40 (KLR)

The court found that only the deceased's half share in two Mtongwe properties formed part of the estate, as the petitioner failed to prove the other properties belonged to the deceased. The respondent, as administrator, was authorized by the High Court to sell the properties and distribute the proceeds under Islamic law. The court confirmed the shares: mother (16.66%), widow (12.5%), son (47.22%), daughter (23.61%). The respondent's accounting was found accurate, with expenses properly apportioned between both partners. The court ordered the remaining balance due to the widow and children to be paid to the petitioner on their behalf, as the respondent had already disbursed part of their...

Citation
[2016] KEKC 40 (KLR)
Parties
Applicant: Birgette Pascal; Respondent: Mohamed Hyder
Court
Kadhis Courts
Court Station
Kadhis Court at Mombasa
Jurisdiction
Kenya
Judgment Date
17 March 2016
Case Number
Petition 120 of 2015
Procedural Posture
Succession Petition / Judgment
Outcome
Petition allowed in part; estate shares determined and balance ordered to be paid to petitioner for herself and minor children.
Judges
AH Athman
Legal Topics
Islamic Inheritance, Distribution of Estate, Succession Shares, Administration of Estates
Source Language
English
Family and Children Islamic Inheritance Distribution of Estate Succession Shares Administration of Estates

Case Brief

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Parties

Birgette Pascal

Applicant

Mohamed Hyder

Respondent

Procedural Posture

Succession Petition / Judgment

Legal Issues

  1. 1 What constitutes the estate of the late Aly Hyder Mohamed Kindy and which properties form part of it.
  2. 2 Who are the legal heirs of the deceased and what are their respective shares under Islamic law.
  3. 3 Whether the respondent properly administered and distributed the estate proceeds in accordance with Islamic law.

Ratio Decidendi

The court found that only the deceased's half share in two Mtongwe properties formed part of the estate, as the petitioner failed to prove the other properties belonged to the deceased. The respondent, as administrator, was authorized by the High Court to sell the properties and distribute the proceeds under Islamic law. The court confirmed the shares: mother (16.66%), widow (12.5%), son (47.22%), daughter (23.61%). The respondent's accounting was found accurate, with expenses properly apportioned between both partners. The court ordered the remaining balance due to the widow and children to be paid to the petitioner on their behalf, as the respondent had already disbursed part of their...

Court Disposition

Petition allowed in part; estate shares determined and balance ordered to be paid to petitioner for herself and minor children.

Orders

  • The balance of KES 139,848.58 due to the widow and two children to be paid to the petitioner on her own behalf and on behalf of the children.
  • No order as to costs.