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BINA SANGHANI V. SURESH RATILAL KHIROYA

(2012) JELR 105668 (CA)

Court of Appeal  •  Civil Appeal 161 of 2006  •  10 Oct 2012  •  Kenya

Coram
John walter Onyango Otieno, Martha Karambu Koome

Judgement

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 14th May, 2000 having allegedly left a Will. In a petition dated 4th December, 2000 and filed on 6th December, 2000 the respondent filed Succession Cause NO. 785 of 2000 in the High Court of Kenya at Kisumu. He petitioned the court for probate of the will of the deceased alleging that he was the sole executor of the Will and he thus petitioned as executor of the same Will. In his affidavit in support of the petition, he allegedly annexed that Will dated 24th November, 1998. Of course he also annexed certificate of death No. 534718. Foll…

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