In re Estate of James Kiwanuka (Deceased) [2015] KEKC 3 (KLR)

**_REPUBLIC OF KENYA_** **_IN THE KADHIS COURT AT KISUMU_** **_SUCCESSION CAUSE NO 4 OF 2015_** **IN THE MATTER OF THE ESTATE OF JAMES KIWANUKA (DECEASED)** VS **BAKARI YUSUFU ......................................... .........APPLICANT** **ASMAN MANJA................................RESPONDENT PETITIONER** **RULING** The applicant through his application dated17th AUGST 2015 prayed for review of the judgment delivered on 2nd day of..JULY 2015 . His Further grounds was on the fact that: 1- The objector was never given a chance to participate in the said proceedings from the onset of the case. 2- The objector was never informed of the progress of the matter by the Respondent petitioner and only came to realize that the same had been concluded. 3- The Respondent petitioner cannot be the administrator of the plot because He is a son to a doughter. The late Jmes Kiwanuka Kawisa was severed by the following beneficiaries : Mwanajuma Kiwanuka (Daughter) was survived by Asman Manja respondent petitioner Hidaya and others Seki Sambu (son deceased) had no child. Yusuf Kiwanuka survived by Lucia Adhiyambo( widow deceased ) Suleyman Yusuf and Beka Yusuf(applicant) The judgment was issued basing on false information given to the court by the R respondent petitioner and same contravenes section of the law. On the Other hand the Respondent Petitioner had no answer concerning the applicant's statement. I have noted the Issue clearly and I found that the information given to the court by the petitioner was not truly. It is the duty of this court to Clarify and expound on these issues as follows: **HEIRS AND MODE OF DISTRIBUTION** under Islamic law, Each son is entitled to twice the share of the daughter under Qur'an:AL nisa : 11-12**(****?????? ???? ?? ??????? ????? ??? ?? ????????****) Allah enjoins you concerning your children: for the male is the equal of the portion of two females** The legal heirs and mode of distribution of the estate of James Kiwanuka are: Mwanajuma Kiwanuka (Daughter) entitle 1/3 Yusuf Kiwanuka (son) entitle 2/3 **_IT IS HEREBY ORDEED THAT:_** 1- the applicant pointed as administrator of the estate. 2-It is clear to this court that the Plot NO 99 at Kaloleni Kisumu Town belong to the late James Kiwanuka and the applicant with his Sibling have a right to it as beneficiaries of the said estate. 3- The Applicant to pay for the house within 60 days from today. 4- The share for the responded petitioner and his siblings to be distributed among them by this court. 5- Must take out expenses of the valuation Shs15000 70000 of Savoy and 48780 of municipality. 6- ASMAN MANJA is hereby restrained from collecting rent with effect from NOVEMBER 2015. These are orders of this court R/ A -30 days ** Read and delivered this..16th day of October, 2015 in the presence of** **Mursal.M.Sizi---------kadhi** court Assistant-----Rehema Akidah