[2015] KEHC 7200 (KLR)

[2015] KEHC 7200 (KLR)

The court found that the applicant had demonstrated, on the face of the record, that she was the sole executrix and beneficiary under a will that had been granted probate in England and resealed in Kenya. The respondents had obtained a confirmed grant of letters of administration intestate without disclosing the existence of the will or the applicant's interest. Given the risk that the respondents, as confirmed administrators, could deal with or dispose of the deceased's property, the court exercised its inherent powers to grant preservatory orders to protect and preserve the estate pending the hearing and determination of the summons for revocation or annulment of the grant. The absence...

Citation
[2015] KEHC 7200 (KLR)
Parties
Applicant: N D; Respondent: N S I; Respondent: A H
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 March 2015
Case Number
Succession Cause 1966 of 2012
Procedural Posture
Succession Cause / Interlocutory Application for Preservatory Orders Pending Determination of Summons for Revocation/annulment of Grant
Outcome
Application for preservatory orders allowed in terms of prayers 2, 3 and 4; costs to await determination of the summons.
Judges
AO Muchelule
Legal Topics
Succession, Grant of Probate, Revocation of Grant, Preservatory Orders
Source Language
English
Family and Children Succession Grant of Probate Revocation of Grant Preservatory Orders

Case Brief

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Parties

N D

Applicant

N S I

Respondent

A H

Respondent

Procedural Posture

Succession Cause / Interlocutory Application for Preservatory Orders Pending Determination of Summons for Revocation/annulment of Grant

Legal Issues

  1. 1 Whether the applicant, as the sole executrix and beneficiary under a resealed English will, is entitled to preservatory orders over the deceased's estate pending determination of her summons for revocation or annulment of grant.
  2. 2 Whether the respondents obtained a grant of letters of administration intestate without disclosing the existence of a will and the applicant's interest.

Ratio Decidendi

The court found that the applicant had demonstrated, on the face of the record, that she was the sole executrix and beneficiary under a will that had been granted probate in England and resealed in Kenya. The respondents had obtained a confirmed grant of letters of administration intestate without disclosing the existence of the will or the applicant's interest. Given the risk that the respondents, as confirmed administrators, could deal with or dispose of the deceased's property, the court exercised its inherent powers to grant preservatory orders to protect and preserve the estate pending the hearing and determination of the summons for revocation or annulment of the grant. The absence...

Court Disposition

Application for preservatory orders allowed in terms of prayers 2, 3 and 4; costs to await determination of the summons.

Orders

  • Preservatory orders granted against any dealings in respect of the deceased's property known as SIPILI/DONYOLOIP/BLOCK [particulars withheld].
  • Preservatory orders granted against dealings in shares of the deceased in [particulars withheld] INSURANCE COMPANY LTD.