[2015] KEHC 3750 (KLR)

[2015] KEHC 3750 (KLR)

The court held that its jurisdiction as a probate court is confined to the distribution of the deceased's shares in Kenya Oatmeal Limited and does not extend to the property owned by the company. The property in question, Nakuru Municipality Block 6/107, 108, 109 and 110, is owned by Kenya Oatmeal Limited and was never part of the deceased's estate before the court for distribution. The court cannot make orders regarding company property, reversal of shareholding changes, or the collection and distribution of rental proceeds from company assets. Any issues regarding shareholding or company property must be addressed in the appropriate forum, such as the commercial court. The application...

Citation
[2015] KEHC 3750 (KLR)
Parties
Applicant: Rehana Yakub Karimbux; Respondent: Saida Yakub Karimbux; Respondent: Saadia Karimbux Effendy; Respondent: Sukhwinder Singh Judles
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
10 July 2015
Case Number
Succession Cause 2786 of 1997
Procedural Posture
Succession Cause / Ruling on Summons Dated 17th April 2013 Seeking Injunctive Orders and Other Reliefs
Outcome
application dismissed with costs to the respondent
Judges
DN Musyoka
Legal Topics
Succession of Estates, Probate and Administration, Company Shareholding in Estate, Distribution of Estate Assets
Source Language
English
Family and Children Civil Procedure Succession of Estates Probate and Administration Company Shareholding in Estate Distribution of Estate Assets

Case Brief

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Parties

Rehana Yakub Karimbux

Applicant

Saida Yakub Karimbux

Respondent

Saadia Karimbux Effendy

Respondent

Sukhwinder Singh Judles

Respondent

Procedural Posture

Succession Cause / Ruling on Summons Dated 17th April 2013 Seeking Injunctive Orders and Other Reliefs

Legal Issues

  1. 1 Whether the probate court has jurisdiction to make orders regarding property owned by a company in which the deceased held shares.
  2. 2 Whether the applicant is entitled to injunctive reliefs and orders for reversal of shareholding changes in Kenya Oatmeal Limited.
  3. 3 Whether rental proceeds from company property can be ordered to be deposited in a joint account pending determination.

Ratio Decidendi

The court held that its jurisdiction as a probate court is confined to the distribution of the deceased's shares in Kenya Oatmeal Limited and does not extend to the property owned by the company. The property in question, Nakuru Municipality Block 6/107, 108, 109 and 110, is owned by Kenya Oatmeal Limited and was never part of the deceased's estate before the court for distribution. The court cannot make orders regarding company property, reversal of shareholding changes, or the collection and distribution of rental proceeds from company assets. Any issues regarding shareholding or company property must be addressed in the appropriate forum, such as the commercial court. The application...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application dated 17th April 2013 is dismissed.
  • Costs of the application are awarded to the respondent.