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Mohamed Madhubuti v. Jelani Mohamed Habib

(2018) JELR 99011 (CA)

Court of Appeal  •  Civil Appeal 79 of 2017  •  27 Sep 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. Sheikh Una Mohamed (Sheikh Una) and his brother, Abubakar Mohamed Habib (Abubakar) purchased Parcel No. 1.R No. 36/VII/533 (suit property) as joint tenants on 26th November, 1965 vide a public auction and a vesting order to that effect was issued on 11th March, 1966 by the High Court. Apparently, they executed a document dated 23rd April, 1966 (1966 document) outlining tenure thereof in the following manner:

“We Sheikh Una Mohamed and Abubakar Mohamed both of P.O Box No. 13028 Nairobi, Kenya have purchased L.R No. 36 Plot No. 533 Original No. 67/1 as joint tenants and unless we dispose or deal with this property otherwise during (sic) lifetime of both of us, we understand that on the death of any one of us the other will be entitled to the legal ownership of the property however it is understood and agreed that if Sheikh Una Mohamed dies first and is survived by his wife then Abubakar Mohamed will give her or pay her the value of such share in this property as s…

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