High Court cancels fake certificate in estate dispute over forged minutes

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The High Court has annulled a fraudulently obtained certificate of no-objection in the administration of the estate of the late Hajji Ali Cheboi, after finding that four members of the family forged family minutes to mislead the Administrator General.

In a ruling delivered on October 1, 2025, the court resolved a long-standing family dispute by upholding caveats lodged by 11 family members to block four others from obtaining letters of administration, while also clarifying the ownership of several contested properties.

A certificate of no objection is a document issued by the Administrator General (or another authority) that basically says: It is usually given to family members so they can go to court and apply for letters of administration, which officially allow them to take charge of the deceased person’s property (like land, houses, or money).

Justice Dr Faroquo Lubega noted that the minutes presented by Faizo Mayamba, Saida Chebet, Rashid Cheboi and Peace Bisiku to the Administrator General did not reflect the true picture of the late Cheboi and accordingly annulled it.

Aisha Cheboi, Rashid Chemonges, Hakim Musiwa Cheboi, Musa Fakayo, Sharif Swale, Hajira Chemotai Barre, Jalia Musiwa, Salama Musiwa, Arafat Cheboi and Hadija Cheboi placed a caveat to block any transaction on the property.

“In the upshot, I make the following declarations and orders, that the plaintiffs fraudulently procured the certificate of no objection in respect of the estate of the late Haji Ali Cheboi by presenting forged family minutes to the Administrator General, it is accordingly hereby annulled. The defendants were justified in lodging the caveats forbidding the plaintiffs from being granted the letters of administration in respect of the late Cheboi. The land comprised in plot 38B Wanale FRV MBA69 Folio 7 was erroneously included among the estate of Cheboi since it is a property owned under joint tenancy,” Justice Lubega said.

The judge further declared the three widows of the deceased as the rightful administrators of the estate; to serve jointly with representatives of the children whose mothers are not among the legally recognised widows.

“In the best interests of the estate of the late Hajji Cheboi and its beneficiaries, this court hereby declares the three widows of the deceased to be the most fit and proper persons to jointly administer the estate. According, they shall jointly apply for the letters of administration together with a selected number of representatives,” Justice Lubega said.