[2021] KEHC 9827 (KLR)
The court declined to reseal the foreign grant of probate because the applicant failed to provide an original or certified copy of the grant from the issuing Tanzanian court and did not ensure the petition was gazetted in the Kenya Gazette as required by rule 42 of the Probate and Administration Rules. Additionally,...
Source-derived case information.
- Citation
- [2021] KEHC 9827 (KLR)
- Parties
- Applicant: Natwarlal Karsandas Ruparelia; Respondent: Sunderji Nanji; Respondent: Jamnaben Narond
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause E072 of 2012
- Procedural Posture
- Probate Application / Ruling on Application for Resealing of Foreign Grant
- Outcome
- application for resealing of foreign grant declined
- Judges
- JO Nyarangi
- Legal Topics
- Resealing Foreign Grant, Probate and Administration, Executor Removal, Gazettement Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Natwarlal Karsandas Ruparelia
Applicant
Sunderji Nanji
Respondent
Jamnaben Narond
Respondent
Procedural Posture
Probate Application / Ruling on Application for Resealing of Foreign Grant
Legal Issues
- 1 Whether the court should reseal a foreign grant of probate where not all procedural requirements have been met.
- 2 Whether the absence of a certified copy of the grant and lack of gazettement in Kenya Gazette precludes resealing.
- 3 Whether the names of deceased executors should be removed from the grant before resealing.
Ratio Decidendi
The court declined to reseal the foreign grant of probate because the applicant failed to provide an original or certified copy of the grant from the issuing Tanzanian court and did not ensure the petition was gazetted in the Kenya Gazette as required by rule 42 of the Probate and Administration Rules. Additionally, the names of the deceased executors had not been removed from the grant. These procedural lapses were fatal to the application, and the court found that strict compliance with statutory requirements is mandatory for resealing foreign grants in Kenya.
Court Disposition
application for resealing of foreign grant declined
Orders
- The application for resealing of the Tanzanian grant of probate is declined.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Karsandas Nanji Ruparelia (Deceased) (Cause E072 of 2012) [2021] KEHC 9827 (KLR) (22 October 2021) (Ruling)
Neutral citation: [2021] KEHC 9827 (KLR)
Republic of Kenya
In the High Court at Mombasa
Cause E072 of 2012
JN Onyiego, J
October 22, 2021
N THE MATTER OF THE ESTATE OF KARSANDAS NANJI RUPARELIA (DECEASED)
Ruling
1. The deceased herein died testate on 4th October, 1998 while domiciled in Dar es Salaam Tanzania. Consequently, Sunderji Nanji, Jamnaben Narond and Natvarial Karasandas named in the will as executors petitioned for a grant of probate before the high court of DaresSalaamTanzania .The same was granted and issued on 8th February, 2001.
2. By a petition dated 25th January, 2021, Natwarlal Karsandas Ruparelia one of the named executors petitioned for resealing of the grant. He averred that the other two co- executors are deceased and that he is the sole surviving executor.
3. According to the petition, the deceased had left landed property situated in Mombasa Kenya valued at Ksh 50,000,000. He attached to the application a copy of the grant of probate, will and title deeds of the properties situate in Kenya.
4. Having confirmed that the other two executors are deceased, it calls for removal of the deceased executors’ names from the grant of probate. Secondly, there is no original duplicate copy of the grant from the issuing court presented in court or a copy certified by the court of Dar res Saalam Tanzania. Further, the petition for resealing has not been gazetted in the Kenya gazette for the general public to know in case of any objection pursuant to rule 42 of the P&A Rules. For the aforesaid stated reasons, I decline to reseal the grant.
DATED SIGNED AND DELIVERED VIRTUALLY AT MOMBASA THIS 22ND DAY OF OCTOBER, 2021J. N. ONYIEGOJUDGE