[2012] KEHC 4243 (KLR)
The court found that the deceased left a valid will appointing his daughter as executrix and bequeathing his estate to her. The executrix, through her attorney, applied for confirmation of the grant of probate. The court was satisfied that there was no estate duty payable and that all requirements of the Law of...
Source-derived case information.
- Citation
- [2012] KEHC 4243 (KLR)
- Parties
- Applicant: Amynah Shamshudeen Karmali Pirani; Applicant: Mehmood Neky; Respondent: Zabeen Shamshudeen Karmali Pirani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 2202 of 2010
- Procedural Posture
- Succession Cause / Confirmation of Grant of Probate
- Outcome
- grant confirmed
- Legal Topics
- Probate and Administration, Wills, Grant of Probate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amynah Shamshudeen Karmali Pirani
Applicant
Mehmood Neky
Applicant
Zabeen Shamshudeen Karmali Pirani
Respondent
Procedural Posture
Succession Cause / Confirmation of Grant of Probate
Legal Issues
- 1 Whether the grant of probate issued to the executrix should be confirmed.
- 2 Whether the estate should devolve in accordance with the deceased's will.
- 3 Whether the requirements of the Law of Succession Act Cap 160 have been complied with.
Ratio Decidendi
The court found that the deceased left a valid will appointing his daughter as executrix and bequeathing his estate to her. The executrix, through her attorney, applied for confirmation of the grant of probate. The court was satisfied that there was no estate duty payable and that all requirements of the Law of Succession Act Cap 160 had been complied with. Consequently, the court confirmed the grant, ordering that the estate devolve in accordance with the will.
Court Disposition
grant confirmed
Orders
- The grant of probate is confirmed.
- The estate of the testator shall devolve in accordance with his will.
Full Case Text
Judgment text and source record
24 paragraphs
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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
SUCCESSION CAUSE 2202 OF 2010
IN THE MATTER OF THE ESTATE OF THE LATE SHAMSHUDEEN KARMALI PIRANI a.k.a. SHAMSHUDEEN KARMALI PIRANI JAMAL (DECEASED)
RULING
The deceased, SHAMSHUDEEN KARMAL PIRANI, also known as SHAMSHUDEEN KARMALI PIRANI JAMAL, died in Edmonton, Alberta, Canadaon 17th December 2006. He left a WILL executed on 8th July 2005. He was survived by his two daughters namely AMYNAH SHAMSHUDEEN KARMALI PIRANI and ZABEEN SHAMSHUDEEN KARMALI PIRANI.
His Estate comprises shares in Sasini Tea and Coffee Ltd, Tourism Promotion Services Ltd, and House No.4 on L.R. 7158/36, Prestige Valley Park, Grevollia Grove, Westlands, Nairobi.
The said Testator, appointed his daughter, Amynah Shamshudeen Karmali Pirani whose address is 16213-92 Street Edmonton AB, Canada T5Z 3Niastue – Executrix of his WILL. He left his Estate to the said Executrix.
On 14. 7.2011, the Executor executed an instrument in which he gave Power of Attorney to Mehmood Neky of P.O. Box 46151 Nairobi to be his true and lawful Attorney with power to apply for Probate on the deceased’s estate etc.
On 23. 10. 2010, Mehmood Neky applied by way of Petition for Grant of Probate.
On 10th June 2011, the Executor obtained a Grant of Probate with Written Will.
On 24. 2.2011 the said Executor’s donee of Power of Attorney moved the court by an Application made by Summons dated 14. 2.2012 for orders to confirm the Grant of Probate.
I have perused the said summons which is supported by an Affidavit sworn by the said Attorney. I am satisfied that there is no estate duty payable, and that the provisions of Law of Succession Act Cap 160 have been complied with.
I confirm the Grant. Accordingly, the Estate of the Testator shall devolve in accordance with his Will. It is so ordered.
Dated this 24th day of May 2012.
JUSTICE G.B.M. KARIUKI SC
FAMILY DIVISION
MILIMANI LAW COURTS