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.
Kwale Senior Principal Kadhi Habib Salim Vumbi.
Photo credit: File | Nation
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.
“I am now told substantively that the Applicant and others are brothers, nephews and nieces of the deceased herein and that they were left out in the succession petition,” Kadhi Vumbi said.
It found that the 2020 judgment, grant and subsequent orders had been obtained through concealment of material facts and misrepresentation.
The Kadhi consequently set aside the January 27, 2020 judgment and all orders that followed it.
The relatives who had been left out have now been allowed to join the case as respondents or interested parties and have 14 days to file their responses and provide evidence supporting their claims to the estate.
The person who had opposed the application to reopen the case has also been allowed to file additional documents or an affidavit in support of his position.
He had argued that the matter had already been decided and could not be reopened, citing an earlier case filed at the Msambweni Principal Magistrate’s Court.
But Kadhi Vumbi rejected that argument, finding that the earlier case had not been determined on its merits and that the issues raised in the current proceedings were different.
He also found that there was insufficient evidence to prove that the dispute had already been conclusively determined.
The Kadhi said reopening the matter was necessary to ensure that all legitimate beneficiaries had a chance to be heard before the estate is distributed.
The ruling effectively puts the inheritance dispute back on the table, with the court now expected to consider the claims of the relatives who say they were excluded from the original proceedings.
The case also highlights the importance of providing the court with a complete picture of a deceased person's family when seeking authority to administer and distribute an estate.
For the relatives who were left out, the September 3 ruling gives them a fresh opportunity to put their claims before the court before the estate is finally shared.
