In re Estate of Maulidi Ali Bozo (Deceased) [2016] KEKC 4 (KLR)

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).