In re Estate of Mohamed Kassim (Deceased) (Succession Cause 117 of 2007) [2016] KEKC 19 (KLR)
The bottom line
#A Mombasa Kadhi's Court adopted an agreed valuation of KShs 25 million and ordered a deceased Muslim's estate distributed among heirs in fixed monetary shares.
What this practically means
#Executive summary
#Key legal issues
#Valuation of the estate
The valuation agreed by both parties as the true representation of the estate's value was adopted by the court
Both parties filed their own valuations of the estate. By consent they agreed that the valuation done by WESCO Property Consultants on 19 October 2015 was the true representation of the value of the estate. The court therefore adopted that valuation, which fixed the total value of the estate at KShs 25,000,000, comprising a half share in Mombasa/Block XXIX/72 worth KShs 8,000,000 and MSA/Block vi/107 worth KShs 17,000,000.
Distribution of the estate among the heirs
The court distributed the agreed value of the estate among the primary heirs and their respective branches in the shares listed in the final schedule
The court set out the shares of the primary heirs (the three daughters at 1/9 each and the three sons at 2/9 each of the estate) and then computed the monetary entitlements of the secondary heirs who take through them, producing a final list of heirs and their respective shares in monetary terms totalling 24,999,999.90, and ordered distribution accordingly.
Legal principles established
#Court orders
#- 1.Adoption of the WESCO Property Consultants valuation dated 19 October 2015, agreed by consent, as the true representation of the value of the estate
- 2.Distribution of the estate valued at KShs 24,999,999.90 among the listed heirs in the monetary shares set out in the schedule, including Mariam Mohamed Kassim (4,166,666.67), the sons of Hussein Mohamed (1,234,567.90 each), the daughters of Hussein Mohamed (617,283.95 each), the heirs of Omar Jalalkhan in stated shares, the heirs of Ali Mohamed, Khanifa Bayan (1,388,888.89), and Mohamed Hassan Mohamed and Kassim Hassan Mohamed (2,777,777.78 each)
- Jurisdiction invoked
- Not expressly stated; exercised under the Kadhi's Courts Act and the law applicable to Muslims in the distribution of a deceased Muslim's estate
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Estate of Mohamed Kassim (Deceased) (Succession Cause 117 of 2007) [2016] KEKC 19 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2016/19/eng@2016-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.