Kadhis court cancelled a January 27, 2020 judgment after learning that the deceased’s brothers, nephews and nieces had not been disclosed when the estate was presented to court.

📋 Breaking It Down

A six-year-old inheritance decision has been thrown out after a Kadhi found that close relatives of a deceased man had been quietly left out of the case.

Kwale Senior Principal Kadhi Habib Salim Vumbi cancelled a January 27, 2020 judgment after being told that the deceased’s brothers, nephews and nieces had not been disclosed when the estate was presented to court.

The decision means the inheritance dispute over the estate of the late Mohamed Masudi Ndago, also known as Mohamed Masudi Dago, and property known as Kwale/Msambweni “A”/1358, will now be heard afresh with the omitted relatives given an opportunity to make their claims.

📌 What You Need to Know

The case was reopened after Hamadi Omar Koi went to court saying the original succession proceedings had been conducted without the participation of all the deceased’s lawful beneficiaries.

Kadhi Vumbi found that Mr Koi had given a credible explanation showing that important members of the family had been excluded from the proceedings.

The court found that the original petition had presented the deceased as having only four surviving dependants.

Records showed that the succession petition was filed on January 14, 2020, with Mr Koi, Halima Omari Mohamed, Mwanasha Omari Koi and Mwanapili Omari Koi listed as the surviving dependants.

An introduction letter from the Vingujini Assistant Chief, dated January 10, 2020, also indicated that the deceased had left four dependants.

But Mr Koi challenged that account, telling the court that the deceased had other close relatives who had not been included.

📰 Source: Nation Africa