BINA SANGHANI v. SURESH RATILAL KHIROYA

REPUBLIC OF KENYA

IN THE COURT OF APPEAL AT KISUMU

Civil Appeal 161 of 2006

BINA SANGHANI...................................................APPELLANT AND

SURESH RATILAL KHIROYA.....................................RESPONDENT

(Appeal from the ruling and orders of the High Court of Kenya at Kisumu (Tanui, J) dated 24^th November, 2004

in

H.C.C.C. NO. 785 OF 2000)

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JUDGMENT OF ONYANGO OTIENO, J.A.

The appellant in this appeal BINA SANGHANI and the respondent SURESH RATILAL KHIROYA are the daughter and son respectively of Ratilal Tibhovandas Khiroya (deceased). They had other siblings but those other children did not feature prominently in the High Court Succession Cause No. 785 of 2000 the decision of which has given rise to this appeal. Their father Ratilal Tribhovandas Khiroya (hereinafter the deceased), died on 14^th May, 2000 having allegedly left a Will. In a petition dated 4^th December, 2000 and filed on 6^th December, 2000 the respondent filed Succession Cause NO. 785 of 2000…