Mohammed Ramadhan Njoka v Zainabu Wambeti Ramadhan Njoka & another [2006] KEHC 268 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT EMBU

Succession Cause 19 of 1998

IN THE MATTER OF THE ESTATE OF RAMADHAN NJOKA MWANDO (DECEASED)

MOHAMMED RAMADHAN NJOKA ………………………………………PETITIONER

VERSUS

ZAINABU WAMBETI RAMADHAN NJOKA………………………….1ST OBJECTOR

ABUDUL KARIM NJERU RAMADHAN……………………………….2ND OBJECTOR

RULING

This Chamber Summons is brought under Rule 49 P & A Rules under cap 160 Succession Act.

First of all the inheritance of Estate of Muslim Deceased is in accordance with Sharia Law.  If there is any dispute the shares must be decided upon by Kadhi Court.

In this application upon hearing submissions of the parties, I allow the application in terms of prayer 2 and 3.  The rents will be paid to court to be shared out 1/8 of estate to wife.  Each daughter shall take 1/15 and each son 2/15 of the residue, as determined by the Kadhi Court.

The costs shall be paid out of estate.

Dated the 16th day of March 2006.

J .N. KHAMINWA

JUDGE