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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/7345/eng@2025-05-27 1
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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 afiects 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. NYAKUNDI JUDGE Representation M/s Mathai Maina & Co. Advocates /s Anassi Momanyi & Co. Advocates M/s Nyambegera & Co. Advocates https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/7345/eng@2025-05-27 2
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