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The High Court partly allowed a probate appeal, restoring two administrators and setting aside post-appointment objection proceedings for lack of proved authority.
The High Court granted an application to rectify a company register, register the administratrix as a member and sole director, and direct notice to the registrar.
Plaintiff failed to prove that Plot No.504A Ex-Daya Estate was changed to Plot No.505 Ex-Daya Estate or that the suit property forms part of the estate of Alexander Kaluwa Wahyungi; failure to call key witnesses and lack of documentary evidence on the change of plot designation was fatal to the case.
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The High Court dismissed an application for recusal in a probate cause, holding that the grounds raised did not show bias and that repeated applications amounted to forum shopping.
High Court Land Division dismissed an appeal over vacant possession of estate property, holding a co-administrator’s consent was not required and the appellant proved no legal interest.
Applicant's failure to file inventory and accounts was due to circumstances beyond his control, including assets in foreign jurisdictions and procedural formalities. Sufficient cause was established for extension of time.
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The appellant failed to prove he is more suitable than the 2nd respondent for custody. The children have consistently lived with the 2nd respondent, expressed their wish to remain with her, and continuity in care is in their best interest. No evidence was provided of the appellant's superior capability or of any specific weakness in the 2nd respondent's guardianship. The appeal is dismissed as the lower courts properly considered the best interests of the children.
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The issue of family land was pleaded and featured in evidence; thus, the tribunal did not err in addressing it. The first appellant was not a bonafide purchaser for value due to inconsistencies in evidence and lack of proof of title from the seller. The tribunal was justified in nullifying the sale and recognizing the respondents' interest as administrators of the family land.
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The High Court dismissed a land appeal, upholding a tribunal decision that the respondent owned the disputed 7-acre parcel given to her by the deceased.
Second land appeal dismissed. The High Court upheld findings that the ward tribunal was properly constituted and that the appellant was not wrongly sued.
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