In re Estate of Nathu Khan (Deceased) [2020] eKLR Case Summary

Court
High Court of Kenya at Nakuru
Category
Civil
Judge(s)
Joel Ngugi
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of In re Estate of Nathu Khan (Deceased) [2020] eKLR, detailing key legal principles and implications surrounding estate matters and inheritance disputes.


Case Brief: In re Estate of Nathu Khan (Deceased) [2020] eKLR

1. Case Information:
- Name of the Case: In the Matter of the Estate of Nathu Khan (Deceased)
- Case Number: Succession Cause No. 21 of 1962
- Court: High Court of Kenya at Nakuru
- Date Delivered: October 8, 2020
- Category of Law: Civil
- Judge(s): Joel Ngugi
- Country: Kenya

2. Questions Presented:
The court must resolve several legal issues, including:
- Whether the application is in the correct court.
- Whether the application is barred by the Statute of Limitations.
- Whether the application is debarred by the doctrine of res judicata.
- Whether the applicant has satisfied the conditions for revocation or annulment of the grant of probate.
- Whether the applicant has justified the request for rendering of accounts.

3. Facts of the Case:
The late Nathu Khan passed away on October 24, 1962, leaving behind a valid will that named three Executors: his children Bashir Ahmed and Mohamed Nazir Khan, and their mother, Gulam Fatma. The will created a Testamentary Trust, allowing the Executors to manage the estate. Over the years, little progress was made in administering the estate, leading to disputes about the handling of assets. The applicant, Mohamed Sadique Khan, sought to compel the Executors to provide an account of the estate and to dissolve the trust.

4. Procedural History:
The case has a complex procedural history, with an initial application by the applicant in April 2016, which was dismissed by Judge Ndung’u in September 2018 on the grounds of being defective and lacking justification for the transfer of property. The applicant subsequently filed a new application in December 2018, seeking revocation of the grant of probate and demanding an accounting of the estate.

5. Analysis:
- Rules: The court considered Section 76 of the Law of Succession Act, which outlines the grounds for revoking a grant of representation. The relevant provisions include defects in the proceedings, fraudulent acquisition, failure to administer the estate diligently, and failure to provide required accounts.
- Case Law: The court referenced prior decisions, such as *In re Estate of Devchand Lagdhir Shah (Deceased)* and others, to establish that the Statute of Limitations does not strictly apply to succession matters. The court also noted that the doctrine of res judicata did not apply as the current application involved both executors and a different legal basis than previous applications.
- Application: The court found that while the applicant did not provide sufficient grounds for revocation of the probate grant, he was entitled to a full accounting of the estate. The Executors had a fiduciary duty to provide this information, and the lack of documentation was a breach of their responsibilities.

6. Conclusion:
The court ruled that the request for revocation of the grant of probate was denied, but it ordered the Executors to provide a full and accurate inventory of the estate's assets and liabilities within 90 days. This ruling underscores the ongoing obligations of Executors to beneficiaries, even many years after the probate was granted.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The High Court of Kenya ruled in favor of the applicant's right to an accounting of the estate of Nathu Khan, while denying the revocation of the probate grant. This case highlights the importance of Executors’ accountability to beneficiaries and the enduring nature of fiduciary duties in estate management. The decision serves as a reminder of the legal obligations that persist despite the passage of time since the probate was initially granted.

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