ROSE KAIZA V. ANGELO MPANJU KAIZA

JUDGMENT OF THE COURT

The appellant herein is Rose Nanjema Kaiza (Rose), a resident of Nairobi in the business of buying and selling hides and skins. The respondent, Angelo Mpanju Kaiza (Angelo) is her younger brother, residing in Switzerland where he has worked for many years with UBS – Union Bank of Zurich. Both of them are the children of Mariam Nakaiza Abdalla (the deceased) who died on 5^th May, 2004. The deceased had another son, Suleiman Mugenyi (Suleiman) who died in Uganda where he was resident.

During her lifetime, the deceased had a one acre plot of land in Muyenga Tank Hill in Kampala, Uganda; a block of 10 flats on LR. No. Mombasa/Block XXI/166; and a bank account with Barclays Bank of Kenya in Mombasa. It would appear that in 1988, the deceased bequeathed and transferred the Uganda plot to her first born son, Suleiman, absolutely on agreement that the said son would be excluded in the final Will of the deceased. It would also appear that the deceased sold and transferred th…