In re Estate of Mohammed Bilali (Deceased) [2020] KEHC 8814 (KLR)
- Court
- High Court of Kenya
- Case number
- 8814
- Citation
- [2020] KEHC 8814 (KLR)
The court dismissed the applications and directed the parties to file and exchange witness statements and documents within 45 days and to prepare to tender viva voce evidence regarding their rival claims. The estate shall be administered by the Public Trustee until further directions are given.
Facts
Three applications were filed regarding the estate of Mohammed Bilali. The first application sought to replace the petitioners with Hadija Ali and Zainabu Mzee Kanuna and to rectify the deceased's name. The second application sought to substitute the objectors with Hadija Ali and Zainabu Mzee Kanuna and to grant them as administrators of the estate. The third application sought to review the court's previous orders.
Issues
- Whether the petitioners have a valid claim to the estate
- Whether the objectors should be replaced as petitioners
- Whether the court's previous orders should be reviewed
Reasoning
The court found that the interested party had not demonstrated a legal grievance and that the application dated 17.4.2019 lacked merit. The court also noted the lack of clarity regarding the legitimate administrators of the estate and the need for further evidence to determine the claims.
Outcome
Appeal dismissed
Orders
- The parties are directed to file and exchange witness statements and documents within 45 days
- The parties are directed to prepare to tender viva voce evidence regarding their rival claims
- The estate shall be administered by the Public Trustee until further directions are given
Authorities cited
Legislation (4)
- Law of Succession Act
- Probate and Administration Rules
- Evidence Act
- Civil Procedure Act
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