Case Metadata |
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| Case Number: | Succession Cause 83 of 2016 |
|---|---|
| Parties: | In re estate of Mahmood Abdulla Mahmood |
| Date Delivered: | 18 Aug 2016 |
| Case Class: | Civil |
| Court: | Kadhis Court at Mombasa |
| Case Action: | Judgment |
| Judge(s): | Abdulhalim H. Athman |
| Citation: | In re estate of Mahmood Abdulla Mahmood [2016] eKLR |
| Advocates: | Mr. A.O. Hamza for the Petitioner |
| Court Division: | Family |
| County: | Mombasa |
| Advocates: | Mr. A.O. Hamza for the Petitioner |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Application Allowed. |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE KADHIS COURT AT MOMBASA
SUCCESSION CAUSE NO.83 OF 2016
IN THE MATTER OF THE ESTATE OF MAHMOOD ABDULLA MAHMO0D DECEASED
NAFISA ABDULLA MAHMOOD ...................................... PETITIONER
JUDGMENT
In this succession matter, the petitioner prays for a declaration that the three beneficiaries are the only heirs of the deceased herein.
The petitioner was represented by the firm of A.O.HAMZA Co. advocates.
The petitioner claimed the late Mahmood Abdullah Mahmood left four properties in Mombasa registered in his name but belonging to his sister Fatima. She claims he was not survived by any child.
The matter is not contested.
The late Mahmoud Abdulla Mahmood died at Mombasa Hospital on 7th August 2008 of diabetes.
ISSUES
The issues for determination in this matter are:
1. What constitutes the estate
2. Whether or not the properties can be transferred to Fatima Abdulla Mahmood.
ESTATE
Upon reading the petition and examination of the documents for the properties, the following properties are leasehold certificates and titled deed registered in the names of Mahmood Abdulla Mahmood:
1. Flat No. B5 2nd Floor on Plot No. MSA/ Block XL/ 42, 43,& 44
2. Flat No. B6 2nd Floor on Plot No. MSA/ Block XL/ 42, 43,& 44
3. Mombasa / Block XIII/345
HEIRS
The late Mahmood Abdulla Mahmood was not survived by any children. He was survived by his two sisters Fatima and Nafisa Abdulla Mahmood. They would be entitled to the entire estate. However the petitioner states the properties were only registered in the name of the deceased brother but actually belonged to their sister Fatima Abdulla Mahmood probably because she lives out of the country. Nafisa has an interest in half of the properties if it were available for distribution. She has no objection for the properties to be issued to her sister Fatima. Accordingly the properties are not available for distribution.
Fatima Abdulla is entitled to the entire estate in this matter. The properties be and are hereby vested in FATIMA ABDULLA MAHMOOD absolutely. Registrar of title to effect transmission accordingly.
The estate vests in the heirs in their respective shares.
The District lands Registrar to transmit estate to heirs accordingly.
Orders accordingly
Dated and delivered at Mombasa on 18th August 2016
ABDULHALIM H. ATHMAN
PRINCIPAL KADHI
In the presence of:
Mr. Yusuf K. Abdulrahman, Court assistant
Mr. A.O. Hamza for Petitioner.
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