[2024] KEHC 11371 (KLR)
The court found that the applicant had satisfied the legal requirements for the sealing and adoption of the foreign grant of probate issued by the High Court of Justice in England and Wales. The court was satisfied that the foreign grant was valid, that the will was properly executed, and that there was no...
Source-derived case information.
- Citation
- [2024] KEHC 11371 (KLR)
- Parties
- Applicant: Rajkumari Chandulal Derodra
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E018 of 2024
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application to Seal and Confirm Foreign Grant of Probate
- Outcome
- application allowed; foreign grant of probate sealed and confirmed; file closed
- Judges
- MS Shariff
- Legal Topics
- Probate of Foreign Wills, Confirmation of Grant, Adoption of Foreign Grant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rajkumari Chandulal Derodra
Applicant
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application to Seal and Confirm Foreign Grant of Probate
Legal Issues
- 1 Whether the foreign grant of probate issued by the High Court of Justice in England and Wales should be sealed and adopted by the Kenyan High Court.
- 2 Whether the grant of probate should be confirmed in accordance with the annexed last will of the deceased.
Ratio Decidendi
The court found that the applicant had satisfied the legal requirements for the sealing and adoption of the foreign grant of probate issued by the High Court of Justice in England and Wales. The court was satisfied that the foreign grant was valid, that the will was properly executed, and that there was no opposition to the application. Accordingly, the court ordered that the foreign grant be sealed and adopted as a grant of probate of the Kenyan High Court, confirmed in terms of the annexed will, and that the appropriate certificate of confirmation of grant be issued.
Court Disposition
application allowed; foreign grant of probate sealed and confirmed; file closed
Orders
- The grant of probate of the last will of the deceased issued by the High Court of Justice in England and Wales is hereby sealed and adopted as a grant of probate of this court.
- The said grant of probate is confirmed in terms of the annexed last will of the deceased.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Chandulal Devji Derodra alias Chadulal Devji (Deceased) (Miscellaneous Succession Cause E018 of 2024) [2024] KEHC 11371 (KLR) (19 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11371 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E018 of 2024
MS Shariff, J
September 19, 2024
IN THE MATTER OF THE ESTATE OF CHANDULAL DEVJI DERODRA alias CHADULAL DEVJI (DECEASED) IN THE MATTER OF AN APPLICATION BY:
In the matter of
Rajkumari Chandulal Derodra
Applicant
Ruling
1. I have considered the petition dated 17. 7.2024, the affidavit in support thereof sworn by Rajkumari Chandulal Derodra on even date and the enclosures therein and I do find that the application is well merited wherefore I make the following orders:-1. The grant of probate of the last will of the deceased Chandulal Devji Derodra alias Chandulal Devji dated 2nd day of April 1999 issued by the High Court of Justice in England and Wales at the District Probate Registry of Ipswich on 30th May 2000 to Rajkumari Chandulal Derodra of 74 The Fairway North Wembley Middlesex is hereby sealed and adopted as a grant of probate of this court.2. The said grant of probate is hereby confirmed in terms of the annexed last will of the deceased Chandulal Devji Derodra alias Chandulal Devji dated 2nd day of April 1999. 3.A grant of probate of the last will of the deceased and a certificate of confirmation of grant to issue accordingly.4. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 19TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE