In re Estate of the Late Mohamed Mohamed Al Amin (Deceased) (Succession Cause E020 of 2023) [2024] KEKC 28 (KLR)
The bottom line
#A Kenyan Kadhi's Court ordered an estate beneficiary to pay a widow Kshs. 251,422.50 in rental income she was owed from her late husband's estate.
What this practically means
#Executive summary
#Key legal issues
#Applicant's share of rental income 2021-2023
Applicant entitled to 6.25% (half of one-eighth) of rental income; Kshs. 251,422.5 awarded against the 3rd Respondent
The 6.25% entitlement was undisputed. The court had the 1st Respondent's Replying Affidavit confirming the amount, the 2nd Respondent's accounts showing quarterly payments of Kshs. 335,230, and the 3rd Respondent's own admission in open court. Under Section 112 of the Evidence Act the burden lay on the 3rd Respondent, having admitted receipt, to prove a different amount.
Accuracy of 2024 accounts
The 2024 accounts failed the required standard; proper accounts with supporting documentation ordered
The accounts did not meet Order 44 Rule 3 of the Civil Procedure Rules, which mandates proper vouchers for all items of disbursement. Deficiencies included lack of supporting documentation for claimed expenses, incomplete disclosure of rental income sources, unexplained historical payments and inadequate explanation of audit fees.
Applicant's share in the motor vehicles
Applicant's 6.25% share valued at Kshs. 95,000 (KBX, already settled) and Kshs. 32,500 (KCL, pending); sale of KCL ordered with buy-out option
Valuation fixed the Toyota Hilux at Kshs. 1,520,000 and the Probox at Kshs. 520,000. The Applicant's 6.25% share was computed accordingly; the Hilux share had already been settled while the Probox share was outstanding, prompting the sale-or-buy-out order.
Legal principles established
#- Where a fact is particularly within a person's knowledge, the onus of proving that fact rests upon that person
- Mere non-denial of affidavit evidence does not render it true
Court orders
#- 1.The 3rd Respondent shall pay the Applicant Kshs. 251,422.5 being her share of rental income from January 2021 to December 2023, within 60 days of this ruling.
- 2.The motor vehicle KCL xxxx shall be sold and proceeds distributed according to the beneficiaries' shares, unless any beneficiary exercises the option to buy out others' shares within 30 days of this ruling.
- 3.The 2nd Respondent shall file proper accounts for 2024 with supporting documentation within 30 days of this ruling.
- Jurisdiction invoked
- Distribution of the estate of the late Mohamed Mohamed Alamin in accordance with Islamic Sharia Law
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re Estate of the Late Mohamed Mohamed Al Amin (Deceased) (Succession Cause E020 of 2023) [2024] KEKC 28 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kekc/2024/28/eng@2024-12-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.