ZEINAB KHALIFA KHATOR,RAHIMA KHALIFA KHATOR,FATUMA MOHAMED KHATOR,SALIMA MOHAMED SAID & ABDUL KARIM SAID V. ABDULRAZAK KHALIFA SALIM & OMAR MOHAMED SAID

JUDGMENT OF THE COURT

[1] The dispute in this appeal is over the estate of the late Aisha Mohamed Adam (deceased) who died intestate on the 9^th September, 1985. The deceased is survived by 7 children namely:-

1. Omar Mohamed Said...................son

2. Abdulrazak Khalifa Salim...............son

3. Zeinab Khalifa Salim............daughter

4. Rahma Khalifa Khatar..........daughter

5. Fatuma Mohamed Sketty.......daughter

6. Salima Mohamed Said.........daughter

7. Abdulkarim Mohamed Said.............son

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 the outset there is no dispute over the identity of the beneficiaries of the deceased and the shares of each beneficiary seems to have been settled as per the confirmed grant. The only issue is the mode of sale of the deceased’s only asset which seem…