HAFSWA OMAR ABDALLA TAIB, NAHIDA OMAR ABDALLA TAIB & HUSSEIN OMAR ABDALLA TAIB V. SWALEH ABDALLA TAIB

JUDGMENT OF THE COURT

Omar Abdalla Taib “deceased” passed on intestate on 11^th February, 2012. He was the father to Hafswa Omar Abdalla Taib, Hussein Omar Abdalla Taib and Nahida Omar Abdalla Omar “appellants”. On 22^nd March, 2012, the appellants petitioned the High Court at Mombasa for the grant of Letters of Administration intestate in respect of the estate of the deceased. The estate consisted of the following net assets; LR No. Mombasa/Block XXXIII/1 and 50% shares in Mombasa Cargo Tally Organisation “Company” all valued at Kshs.7,000,000/- with the only liability being the hospital bill of Kshs.130,031/-. On 4^th October, 2012 an interim grant of Letters of Administration intestate was issued to the appellants that was subsequently confirmed on 2^nd May, 2013. In the confirmed grant, the appellants agreed to share equally the estate of the deceased.

In the meantime on 30^th January, 2013, the appellants took out a summons pursuant to section 45 of the Laws of Succession Act and Rule 4…