In re Estate of Naran Lakhman Ravji (Deceased) [2025] KEHC 7345 (KLR)

In re Estate of Naran Lakhman Ravji (Deceased) (Succession Cause E020 of 2020) [2025] KEHC 7345 (KLR) (27 May 2025) (Ruling)

Neutral citation: [2025] KEHC 7345 (KLR)

Republic of Kenya

In the High Court at Eldoret

Succession Cause E020 of 2020

RN Nyakundi, J

May 27, 2025

IN THE MATTER OF THE ESTATE OF NARAN LAKHMAN RAVJI (DECEASED)

Between

Mayuriben Lakhman Naran

1st Petitioner

Manilal Ravji Naran

2nd Petitioner

and

Muthoni Ngaruiya

1st Applicant

Yasmin Shamira Lakhman

2nd Applicant

and

Ravji Naran Rabadia

Objector

Maghbai Ravji Naran

Objector

Ruling

1. The applicants lodged an application dated 25th April, 2025 expressed under the provisions of section 26 of the Law of Succession Act, Rule 45 of the Probate and Administration Rules. The applicants seek the following reliefs:a.Service of the application be dispensed within the first instance.b.Pending the hearing interparties and the determination of the application there be stay of proceedings to have the grant of letters of administration intestate confirmed.c.The applicants be included in the list of dependants/beneficiaries to the estate of the deceased.d.Costs of the applications be provided.

Directions 2. I have read through the application and appreciated the contents therein. At this interim stage, I am not able to grant any of the orders sought.

3. The application raises substantial issues that require proper ventilation through the adversarial process. The relief sought under prayer (c) to include the applicants in the list of dependants/beneficiaries fundamentally affects the composition of beneficiaries and requires comprehensive examination of evidence from all parties. Therefore, let the application be served on all parties and a response thereafter filed within 14 days from the date of service.

4. There may also be need to partially distribute the estate that is not in contention to avoid prejudicing legitimate beneficiaries while the substantive issues are being determined. Therefore, let a valuation be done of all the free properties of the estate by a qualified valuer to enable the court appreciate the vast estate of the deceased and assess what portions, if any, may be distributed without prejudicing the rights of any party.

5. The valuation report shall be filed within 30 days hereof and served on all parties.

6. Upon filing of responses and the valuation report, the matter shall be mentioned on 28th June, 2025 for further directions including on the partial distribution of uncontested assets.

7. It is so ordered.

DATED SIGNED AND DELIVERED AT ELDORET, THIS 27TH DAY OF MAY 2025…………………………R. NYAKUNDIJUDGERepresentationM/s Mathai Maina & Co. Advocates/s Anassi Momanyi & Co. AdvocatesM/s Nyambegera & Co. Advocates