YASMIN RASHID GANATRA & TARIQ ABDUL RASHID (SUING AS LEGAL REPRESENTATIVES OF RASHID JUMA KASSAM) V. GULZAR ABDUL WAIS

JUDGMENT

WAKI JA

1. I have had the advantage of reading in draft the judgments of my learned Sister, Nambuye JA, and Brother, Kiage JA, and I am indebted to them for the lucid exposition of the facts and standard of review on a first appeal. I need not therefore rehash them.

2. In my view, the matter that was placed before the High Court was fairly narrow and specific. It was to determine whether the grant of letters of administration jointly issued to Gulzar Abdul Wais and Yasmin Rashid Ganatra on 29^th November 2010 should be annulled under Section 76 (a) and (c) of the Law of Succession Act (LSA). The Section in relevant part provides as follows:

“76. A grant of representation, whether or not confirmed, may at any time be revoked or annulled if the court decides, either on application by any interested party or of its own motion-

(a) that the proceedings to obtain the grant were defective in substance;

(c) that the grant was obtained by means of an untrue allegation of a fact essential i…