In re Estate of Hamida Ahmed Silayi – Deceased [2018] KEKC 20 (KLR) | Islamic Succession | Esheria

In re Estate of Hamida Ahmed Silayi – Deceased [2018] KEKC 20 (KLR)

Full Case Text

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