In re Estate of Kanji Karim Sayani (Deceased) [2025] KEHC 5420 (KLR)

In re Estate of Kanji Karim Sayani (Deceased) (Probate & Administration 1333 of 2011) [2025] KEHC 5420 (KLR) (Family) (2 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5420 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Probate & Administration 1333 of 2011

H Namisi, J

May 2, 2025

IN THE MATTER OF THE ESTATE OF KANJI KARIM SAYANI (DECEASED)

In the matter of

Nazir Sayani

1st Applicant

Rozmina Rana

2nd Applicant

Begum Nizar Ali Manji

3rd Applicant

Ruling

1. The Applicants have filed Summons for Revocation dated 11 September 2024 seeking the following orders:i.That the Grant of Letters of Administration Intestate issued to Nazir Sayani, Dolat Sultanali Sayani, Malek Sayani, And Begum Nizar Ali Manji on 19 October 2011, rectified on 22 January 2014 and further rectified on 15 March 2017, and confirmed on 7 December 2021, be revoked on the grounds that Dolat Sultanali Sayani, and Malek Sayani have since died;ii.That a fresh grant be issued in the joint names of Nazir Sayani Rozmina Rana and Begum Nizar Ali Manji

2. The Application is premised on the following grounds:i.That some of the appointed administrators Dolat Sultanali Sayani, and Malek Sayani are since deceased;ii.That Nazir Sayani, Rozmina Rana, and Begum Nizar Ali Manji are among the surviving beneficiaries of the deceased Kanji Karim Sayani;iii.That part of the estate remains unadministered;iv.That there is no other person with a prior right to administer the remaining estate of Kanji Karim Sayani.

3. The 1st and 2nd Applicants have sworn an Affidavit in support of the Summons. To the Affidavit, they have attached copies of Certificates of Death for Malek Bowry Sayani and Dolat Sultanali Kanji Sayani. Malek Bowry Sayani died on 11 November 2020 in the United Kingdom, while Dolar Sultanali Kanji Sayani died on 29 July 2024 at the Aga Khan University Hospital in Nairobi.

4. The 1st Applicant has also sworn a Further Affidavit attaching a copy of Grant of Probate of Written Will issued to Rozmina Rana, the 2nd Applicant herein, on 3 December 2024 in Succession Cause No. E703 of 2024; Re: Estate of Dolat Sultanali Sayani alias Daulatkhanu.

5. The Applicants filed written submissions in which they rely on several cases including Re Estate of G.K.K. (Deceased) (Succession Cause 1298 of 2011) [2024] KEHC 2047 (KLR); Re Estate of John Keen (Deceased) [2021] KEHC 4790 (KLR) and Re Estate of Samuel Kariuki Kiragu (Deceased) (Succession Cause 78 of 2017) [2023] KEHC 26573 (KLR).

6. Having read the Application and submissions, I find that the same has merit.

7. Therefore, I allow the Application. The Grant issued on 19 October 2011 and confirmed on 7 December 2021 is hereby revoked. I direct that a fresh Grant be issued to Nazir Sayani, Rozmina Rana and Begum Nizar Ali Manji to allow for the completion of administration of the estate.

DATED AND DELIVERED AT NAIROBI THIS 2 DAY OF MAY 2025HELENE R. NAMISIJUDGE OF THE HIGH COURTDelivered on virtual platform in the presence of:Ms. Kamwana.......for the 1 & 2 ApplicantsN/a for 3rd ApplicantLibertine Achieng..... Court Assistant