[2015] KEHC 2105 (KLR)
The court found that the executor had failed to render accounts as ordered and had not completed the administration of the estate after the grant was confirmed. There was no opposition to the application for revocation, nor any explanation for the executor's inaction. The court determined that these failures...
Source-derived case information.
- Citation
- [2015] KEHC 2105 (KLR)
- Parties
- Applicant: Gurdev Singh Bilkhu; Respondent: Gian Singh Lachhman Singh Sahmbi; Applicant: Mehnga Singh Jaswant
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Separation Cause 1551 of 2009
- Procedural Posture
- Succession Cause / Ruling on Summons for Revocation of Grant
- Outcome
- application for revocation of grant allowed; grant revoked; new administrators appointed
- Judges
- DN Musyoka
- Legal Topics
- Succession, Revocation of Grant, Probate, Administration of Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gurdev Singh Bilkhu
Applicant
Gian Singh Lachhman Singh Sahmbi
Respondent
Mehnga Singh Jaswant
Applicant
Procedural Posture
Succession Cause / Ruling on Summons for Revocation of Grant
Legal Issues
- 1 Whether the executor failed to confirm the grant and distribute the estate as required.
- 2 Whether the grant of probate should be revoked due to non-compliance with court orders and failure to render accounts.
- 3 Whether new administrators should be appointed for the estate.
Ratio Decidendi
The court found that the executor had failed to render accounts as ordered and had not completed the administration of the estate after the grant was confirmed. There was no opposition to the application for revocation, nor any explanation for the executor's inaction. The court determined that these failures constituted sufficient grounds for revocation of the grant under Section 76 of the Law of Succession Act. Consequently, the grant of probate and the certificate of confirmation were revoked, and new administrators were appointed to ensure proper administration of the estate.
Court Disposition
application for revocation of grant allowed; grant revoked; new administrators appointed
Orders
- The grant of probate with written will made on 1st December 2009 to Gian Singh Lachhman Singh Sahmbi is revoked.
- The certificate of confirmation of grant dated 31st January 2011 is cancelled.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 1551 OF 2009
IN THE MATTER OF THE ESTATE OF SATWANT KAUR BILKHU (DECEASED)
RULING
The Summons dated 27th June 2011 seeks revocation of the grant made to the executor on 1st December 2009 on the grounds that he has failed to have it confirmed and to distribute the estate. There are several consequential prayers.
After the application was filed in court the executor entered into a consent with the applicant which was recorded in court on 15th September 2011 to the effect that the executor was to file an account in court within thirty (30) days, to collect rental income and maintain proper accounts, but not to alienate the assets of the estate without the concurrence of the beneficiaries.
The applicant filed a further affidavit on 13th December 2012, basically to reiterate his earlier averments and to place further documents before the court.
The deceased died on 25th April 2009, and representation to his estate was granted on 1st December 2009. The grant was confirmed on 31st January 2011 on an application dated 12th July 2010. There is a certificate of confirmation of grant on record dated 31st January 2011.
I have noted from the record that the application dated 27th June 2011 is not opposed, for there is no reply to it. I note too that accounts have not been rendered as ordered on 15th September 2011. There is no explanation as to why the executor has not completed administration after obtaining confirmation of the grant on 31st January 2011.
I find merit in the application dated 27th June 2011 and I make the following orders-
That the grant of probate with written will made on 1st December 2009 to Gian Singh Lachhman Singh Sahmbi is hereby revoked;
That as a consequence of (a) above, the certificate of confirmation of grant dated 31st January 2011 is hereby cancelled;
That the executor is hereby ordered to comply with Order 1 of the consent recorded on 15th September 2011 and issued on 16th September 2011 within thirty (30) days of date of this ruling;
That Gurdev Singh Bilkhu and Mehnga Singh Jaswant are hereby appointed administrators of the estate of the deceased;
That a grant of letters of administration with will annexed shall issue to them accordingly; and
That the matter shall be mentioned after thirty (30) days on a date to be given at the delivery of the ruling for compliance with (c ) above.
DATED, SIGNED and DELIVERED at NAIROBI this 2ND DAY OF OCTOBER, 2015.
W. MUSYOKA
JUDGE