[2019] KEHC 11299 (KLR)
The court found that the applicant had complied with the requirements of sections 77 and 78 of the Law of Succession Act by presenting a notarised copy of the foreign grant issued by the High Court of Uganda. The court was satisfied that the Ugandan court was a court of competent jurisdiction and that the estate in...
Source-derived case information.
- Citation
- [2019] KEHC 11299 (KLR)
- Parties
- Applicant: Mohamed-Hussein Mohamed; Respondent: Estate of Abdulla Mohamed Sumar (Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 22 of 2019
- Procedural Posture
- Succession Cause / Application for Resealing of Foreign Grant
- Outcome
- Application allowed; foreign grant resealed.
- Judges
- AO Muchelule
- Legal Topics
- Resealing Foreign Grant, Probate and Administration, Testate Succession
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed-Hussein Mohamed
Applicant
Estate of Abdulla Mohamed Sumar (Deceased)
Respondent
Procedural Posture
Succession Cause / Application for Resealing of Foreign Grant
Legal Issues
- 1 Whether the High Court of Kenya should reseal a foreign grant of letters of administration issued by the High Court of Uganda in respect of the deceased's estate.
- 2 Whether the requirements under sections 77 and 78 of the Law of Succession Act (Cap 160) have been satisfied.
Ratio Decidendi
The court found that the applicant had complied with the requirements of sections 77 and 78 of the Law of Succession Act by presenting a notarised copy of the foreign grant issued by the High Court of Uganda. The court was satisfied that the Ugandan court was a court of competent jurisdiction and that the estate in question included assets within Kenya. As such, the court exercised its statutory power to reseal the foreign grant, thereby enabling the administrator to deal with the Kenyan assets of the deceased in accordance with the law.
Court Disposition
Application allowed; foreign grant resealed.
Orders
- The grant of letters of administration issued by the High Court of Uganda at Gulu in respect of the estate of Abdulla Mohamed Sumar shall be resealed and gazetted.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
SUCCESSION CAUSE NO. 22 OF 2019
IN THE MATTER OF THE ESTATE OF ABDULLA MOHAMED SUMAR (DECEASED)
MOHAMED-HUSSEIN MOHAMED..................PETITIONER/ADMINISTRATOR
RULING
1. The deceased Abdulla Mohamed Sumar died testate on 4th May 2016 at Gulu, Uganda. From the copy of the Will attached, the deceased indicated he had two wives, Roshankhanu Abdulla Sumar (1st wife) and Abodo Sumar (2nd wife), and 6 children born between 1953 and 1966.
2. The estate of the deceased comprised of 12,807 shares in Diamond Trust Bank Kenya Limited with an estimated value of Kshs.2,369,295.
3. The petitioner/administrator Mohamed-Hussein Mohamed resides in the United Kingdom. He petitioned the High Court of Uganda Holden at Gulu for letters of administration “with the will annexed” which was issued to him on 9th November 2018. A copy of the foreign grant notarised on 9th November 2018 was attached. In the Administration Bond issued by the High Court of Uganda at Gulu, it is stated that the applicant/administrator is a son-in-law of the deceased.
4. By an application dated 4th January 2019, the petitioner/administrator petitioned this court for the resealing of a grant. The matter came up for hearing on 13th May 2019. The applicant was represented by Mr Njoka Advocate who was holding brief for Mr Shah.
5. Under section 77 of the Law of Succession Act (Cap 160) this court has power to reseal a grant issued by the High Court in Uganda in respect of the estate of the deceased. Under section 78 of the Act, a duplicate or copy of the foreign grant sealed with the seal of the court that issued it shall have the same effect as the original. The copy that was produced in the application was on 4th January 2019 notarised by Notary Public in England to be the true copy of the letters of administration issued to the petitioner on 9th November 2018 by the High Court of Uganda Holden at Gulu in respect of the estate of the deceased.
6. Consequently, I allow the application. The grant hall be resealed and gazetted.
7. Costs shall be in the cause.
DATED and DELIVERED at NAIROBI this 20TH day of MAY 2019.
A.O. MUCHELULE
JUDGE