CMC -v- Forster and Others [2017] JRC 148 (15 September 2017)

CMC -v- Forster and Others [2017] JRC 148 (15 September 2017)

Mrs Jani was convened without proper basis as executor of the Kenyan estate, having never acted in that capacity and with no grant of probate. The second and third defendants were on notice of this fact and should have raised it with the Court. Costs are awarded to Mrs Jani without limitation as to time.

Citation
[2017] JRC 148
Parties
Applicant: Amrita Prahlad Jani; Second Defendant: RBC; Third Defendant: Regent; Third Party: Le Gallais & Luce Executors Limited
Jurisdiction
Jersey
Judgment Date
15 September 2017
Procedural Posture
Costs Application / Post Judgment
Outcome
application granted
Legal Topics
Costs, Third Party Proceedings, Executor Liability
Civil Procedure Probate Costs Third Party Proceedings Executor Liability

Case Brief

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Parties

Amrita Prahlad Jani

Applicant

RBC

Second Defendant

Regent

Third Defendant

Le Gallais & Luce Executors Limited

Third Party

Procedural Posture

Costs Application / Post Judgment

Legal Issues

  1. 1 Whether Mrs Jani should recover costs from the second and third defendants for being convened as executor of the Kenyan estate of Prahlad Jani
  2. 2 Whether costs should be limited to the period after formal renunciation of executor status

Ratio Decidendi

Mrs Jani was convened without proper basis as executor of the Kenyan estate, having never acted in that capacity and with no grant of probate. The second and third defendants were on notice of this fact and should have raised it with the Court. Costs are awarded to Mrs Jani without limitation as to time.

Court Disposition

application granted

Orders

  • Second and third defendants to pay Mrs Jani's costs on the standard basis for the costs of and occasioned by the third party claim, including the costs of this costs application.