[2025] KEHC 7345 (KLR)
The court declined to grant the interim orders sought by the applicants at this stage, holding that the issues raised—particularly the inclusion of the applicants as dependants—require full ventilation through the adversarial process and comprehensive examination of evidence from all parties. The court directed that...
Source-derived case information.
- Citation
- [2025] KEHC 7345 (KLR)
- Parties
- Petitioner: Mayuriben Lakhman Naran; Petitioner: Manilal Ravji Naran; Applicant: Muthoni Ngaruiya; Applicant: Yasmin Shamira Lakhman; Objector: Ravji Naran Rabadia; Objector: Maghbai Ravji Naran
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E020 of 2020
- Procedural Posture
- Succession Cause / Interlocutory Application—directions on Inclusion of Dependants and Partial Distribution
- Outcome
- Interim orders declined; directions issued for service, response, valuation, and mention for further directions.
- Judges
- RN Nyakundi
- Legal Topics
- Succession, Dependant Inclusion, Grant Confirmation, Partial Distribution, Estate Valuation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mayuriben Lakhman Naran
Petitioner
Manilal Ravji Naran
Petitioner
Muthoni Ngaruiya
Applicant
Yasmin Shamira Lakhman
Applicant
Ravji Naran Rabadia
Objector
Maghbai Ravji Naran
Objector
Procedural Posture
Succession Cause / Interlocutory Application—directions on Inclusion of Dependants and Partial Distribution
Legal Issues
- 1 Whether the applicants should be included as dependants/beneficiaries of the deceased's estate.
- 2 Whether interim orders for stay of confirmation of grant should be granted pending determination of the application.
- 3 Whether partial distribution of uncontested assets is appropriate pending resolution of the main dispute.
Ratio Decidendi
The court declined to grant the interim orders sought by the applicants at this stage, holding that the issues raised—particularly the inclusion of the applicants as dependants—require full ventilation through the adversarial process and comprehensive examination of evidence from all parties. The court directed that the application be served on all parties, responses be filed within 14 days, and a valuation of the estate be conducted to facilitate possible partial distribution of uncontested assets. The court emphasized the need to balance the rights of alleged dependants with those of existing beneficiaries, and to avoid prejudicing any party pending the substantive determination of the...
Court Disposition
Interim orders declined; directions issued for service, response, valuation, and mention for further directions.
Orders
- Application to be served on all parties.
- Responses to be filed within 14 days of service.
Full Case Text
Judgment text and source record
32 paragraphs
In re Estate of Naran Lakhman Ravji (Deceased) (Succession Cause E020 of 2020) [2025] KEHC 7345 (KLR) (27 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7345 (KLR)
Republic of Kenya
In the High Court at Eldoret
Succession Cause E020 of 2020
RN Nyakundi, J
May 27, 2025
IN THE MATTER OF THE ESTATE OF NARAN LAKHMAN RAVJI (DECEASED)
Between
Mayuriben Lakhman Naran
1st Petitioner
Manilal Ravji Naran
2nd Petitioner
and
Muthoni Ngaruiya
1st Applicant
Yasmin Shamira Lakhman
2nd Applicant
and
Ravji Naran Rabadia
Objector
Maghbai Ravji Naran
Objector
Ruling
1. The applicants lodged an application dated 25th April, 2025 expressed under the provisions of section 26 of the Law of Succession Act, Rule 45 of the Probate and Administration Rules. The applicants seek the following reliefs:a.Service of the application be dispensed within the first instance.b.Pending the hearing interparties and the determination of the application there be stay of proceedings to have the grant of letters of administration intestate confirmed.c.The applicants be included in the list of dependants/beneficiaries to the estate of the deceased.d.Costs of the applications be provided.
Directions 2. I have read through the application and appreciated the contents therein. At this interim stage, I am not able to grant any of the orders sought.
3. The application raises substantial issues that require proper ventilation through the adversarial process. The relief sought under prayer (c) to include the applicants in the list of dependants/beneficiaries fundamentally affects the composition of beneficiaries and requires comprehensive examination of evidence from all parties. Therefore, let the application be served on all parties and a response thereafter filed within 14 days from the date of service.
4. There may also be need to partially distribute the estate that is not in contention to avoid prejudicing legitimate beneficiaries while the substantive issues are being determined. Therefore, let a valuation be done of all the free properties of the estate by a qualified valuer to enable the court appreciate the vast estate of the deceased and assess what portions, if any, may be distributed without prejudicing the rights of any party.
5. The valuation report shall be filed within 30 days hereof and served on all parties.
6. Upon filing of responses and the valuation report, the matter shall be mentioned on 28th June, 2025 for further directions including on the partial distribution of uncontested assets.
7. It is so ordered.
DATED SIGNED AND DELIVERED AT ELDORET, THIS 27TH DAY OF MAY 2025…………………………R. NYAKUNDIJUDGERepresentationM/s Mathai Maina & Co. Advocates/s Anassi Momanyi & Co. AdvocatesM/s Nyambegera & Co. Advocates