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NIRMAL SINGH DHANJAL V. JOGINDER SINGH DHANJAL, DAIJIT SINGH DHANJAL, DHANJAL BROTHERS LIMITED, SUKWANT KAUR KINDI & JASPAL KAUR NAGI

(2020) JELR 95067 (SC)

Supreme Court  •  Application 13 of 2019  •  7 Feb 2020  •  Kenya

Coram
David Kenani Maraga Mohammed Khadhar Ibrahim Philomena Mbete Mwilu Smokin C Wanjala Susanna Njoki Ndungu

Judgement

RULING

[1] By his Originating Motion dated 8th April 2019, Nirmal Singh Dhanjal, the applicant, seeks a review of the Court of Appeal’s order dated 4th April 2019 denying him certification that his intended appeal to this Court involves a matter of general public importance. The application is brought pursuant to the provisions of Article 163(4)(b) and (5) of the Constitution and Rule 24(2) of the Supreme Court Rules, 2012.

[2] The brief facts of the case are that one Jaswant Singh Boor Dhanjal (deceased) died intestate and was survived by five (5) children being the 1st, 2nd, 4th and 5th Respondents and one Surjit Singh Jaswant. By consent of the deceased’s family, the 2nd Respondent petitioned and was on 26th of July 2006 issued with a temporary grant of letters of administration in Succession Cause No. 20 of 2006. Prior to that grant, however, on 9th March 2006 the 2nd Respondent purportedly entered into a settlement agreement with the deceased’s brothers pursuant to which certain sh…

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