IN THE MATTER OF THE ESTATE OF THE LATE SHAMSHUDEEN KARMALI PIRANI [2012] KEHC 4243 (KLR)

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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI LAW COURTS)

SUCCESSION CAUSE 2202 OF 2010

IN THE MATTER OF THE ESTATE OF THE LATE SHAMSHUDEEN KARMALI PIRANI a.k.a. SHAMSHUDEEN KARMALI PIRANI JAMAL (DECEASED)

RULING

The deceased, SHAMSHUDEEN KARMAL PIRANI, also known as SHAMSHUDEEN KARMALI PIRANI JAMAL, died in Edmonton, Alberta, Canadaon 17th December 2006. He left a WILL executed on 8th July 2005. He was survived by his two daughters namely AMYNAH SHAMSHUDEEN KARMALI PIRANI and ZABEEN SHAMSHUDEEN KARMALI PIRANI.

His Estate comprises shares in Sasini Tea and Coffee Ltd, Tourism Promotion Services Ltd, and House No.4 on L.R. 7158/36, Prestige Valley Park, Grevollia Grove, Westlands, Nairobi.

The said Testator, appointed his daughter, Amynah Shamshudeen Karmali Pirani whose address is 16213-92 Street Edmonton AB, Canada T5Z 3Niastue – Executrix of his WILL. He left his Estate to the said Executrix.

On 14. 7.2011, the Executor executed an instrument in which he gave Power of Attorney to Mehmood Neky of P.O. Box 46151 Nairobi to be his true and lawful Attorney with power to apply for Probate on the deceased’s estate etc.

On 23. 10. 2010, Mehmood Neky applied by way of Petition for Grant of Probate.

On 10th June 2011, the Executor obtained a Grant of Probate with Written Will.

On 24. 2.2011 the said Executor’s donee of Power of Attorney moved the court by an Application made by Summons dated 14. 2.2012 for orders to confirm the Grant of Probate.

I have perused the said summons which is supported by an Affidavit sworn by the said Attorney. I am satisfied that there is no estate duty payable, and that the provisions of Law of Succession Act Cap 160 have been complied with.

I confirm the Grant. Accordingly, the Estate of the Testator shall devolve in accordance with his Will. It is so ordered.

Dated this 24th day of  May  2012.

JUSTICE G.B.M. KARIUKI SC

FAMILY DIVISION

MILIMANI LAW COURTS