Pandhaal v Pandhal & another (Civil Appeal E026 of 2023) [2026] KECA 930 (KLR) (15 May 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 930
- Citation
- [2026] KECA 930 (KLR)
- Decided
- 15 May 2026
- Judges
- KI Laibuta, GW Ngenye-Macharia, SG Kairu
- Parties
- raw · defendants · plaintiffs
The appeal is dismissed in its entirety. The judgment and decree of the High Court of Kenya at Mombasa is upheld.
Facts
The deceased, Narain Singh Pandhal, executed a will appointing his wife, Pritam Kaur Pandhal, as the sole executrix. The estate was to devolve to the second respondent in the event of the deceased and the executrix dying simultaneously. The first respondent filed a petition for a Grant of Probate, which was granted and confirmed. The appellant, Jagit Singh Gurumukh Pandhal, filed a Notice of Motion seeking revocation of the Grant of Probate and reasonable provision from the estate.
Issues
- Whether the appellant was entitled to revocation of the Grant of Probate and reasonable provision from the estate.
- Whether the learned Judge was biased and did not accord the appellant a fair hearing.
Reasoning
The court found that the appellant's allegations were effectively rebutted by the respondents' replying affidavits. The court concluded that the learned Judge did not act unfairly.
Outcome
Appeal dismissed
Orders
- The judgment and decree of the High Court of Kenya at Mombasa be and is hereby upheld.
- The appellant shall bear the costs of the appeal.
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