Malindi woman loses Sh14 million property to her stepsons

Munaa Ahmed Salim has lost bid to inherit her husband's Sh14.5 million property.

The High Court ruled that the property in Malindi, Kilifi County that Munaa Ahmed Salim has been eyeing for the last 14 years be inherited by her two stepsons – Ahmed Salim Said and Faiz Salim Said.

Justice Said Chitembwe ruled it was not established that upon the death of Ahmed and Faiz's mother Barke Salim Bawazir, the property automatically reverted to her husband Salim Said Alamoody.

According to the judge, several issues arose from the transfer, noting that it could be possible that Barke could have transferred the property to her children.

"According to the agreement, the house is without land, meaning that there is no title deed to the property. The findings by the Kadhi are not backed by any Islamic citations or the Koran," Justice Chitembwe ruled.

This was after the two brothers – Ahmed and Faiz – maintained that their stepmother did not prove her case before the Kadhi's Court.

The main contention by Ahmed and Faiz was that the house in dispute did not belong to their late father but their late mother.

Ahmed and Faiz reiterate that upon their mother's death, the property formed part of her estate and their father could only become one of the beneficiaries.

In his decision, Justice Chitembwe said the appeal by the two brothers is merited.

The best way out, the judge said, was for the two brothers to pay off a quarter share of the property to their stepmother.

Ahmed and Faiz said their stepmother ought to have inherited only a quarter of the property as a widow.