ZEINAB KHALIFA, RAHIMA KHALIFA, FATUMA MOHAMED SAID, SALMA NOHAMED SAID & ABDULKARIM MOHAMED SAID V. ABDULRAZAK KHALIFA & OMAR MOHAMED SAID

RULING OF THE COURT

The dispute to which this ruling relates involves the Estate of Esha or Aisha Mohamed Adam (Deceased), late of Mombasa who died on 9^th September 1985. Her entire estate comprised only one asset known as Mombasa Block No. XVII/1497 (the suit property). Seven children survived the deceased, namely:

i) Abdulrazak Khalifa;

ii) Omar Mohamed Said;

iii) Abdulkarim Mohamed Said;

iv) Zeinab Khalifa;

v) Rahima Khalifa

vi) Fatuma Mohamed; and

vii) Salma Mohamed Said.

Zeinab, Rahima and Abdulrazak are children of the deceased with her first husband, Khalifa Khator Salim who is also deceased, while Fatuma, Salma, Abdulkarim and Omar are children of the deceased with her second husband, Mohamed Said, also deceased.

On 9^th October 2000 the High Court issued a grant of letters of administration intestate of the estate of the deceased to two of her sons, namely Abdulrazak Khalifa (1^st respondent) and Omar Said Mohamed (2^nd respondent). That grant was confirmed on 9^th April 2003 to the intent…