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Ferruz Omar Mahendan, Malkia Omar Mahendan, Anzun Omar Mahendan, Nuru Omar Mahendan & Mariam Omar Mahendan v. Ahmed Mohamed Honey

(2016) JELR 98357 (CA)

Court of Appeal  •  Civil Appeal 58 of 2015  •  22 Apr 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

.A brief background to the circumstances leading to this appeal is apposite. The dispute revolves around the estate of the late Batuli Omar Mahendan who died sometimes in the year 2006. The respondent is the widower of the deceased whereas the appellants are the sisters and brother to the deceased. Following the death of the deceased, the respondent lodged a petition in the Kadhi's Court at Malindi. According to the petition, the respondent was the sole survivor entitled to inherit the estate of the deceased comprising 4 houses, a hotel and a parcel of land all situate in Malindi.

The appellants disputed that contention. In answer to the petition and cross-petition, the appellants claimed that the assets mentioned in the petition belonged to their deceased parents and that upon their demise the same devolved to them as their children including the deceased. They further claimed that the respondent had immediately after the death of the deceased relinquished his int…

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