1. Before the court is the Notice of Motion dated 30th June 2026 brought under Rules 49, 63 and 73 of the Probate and Administration Rules, Order 45 Rules 1 and 2 of the Civil Procedure Rules and all other enabling provisions of the law. The applicants seek review of the orders confirming the Grant of Letters of Administration Intestate made on 9th December 2013 so as to include ten properties said to have been discovered after confirmation of the grant.
2. The application is supported by the affidavit of Omar Ahmed Yusuf and Yussuf Sheikh Muhumed. The applicants depose that they are the administrators of the estate; that the grant was confirmed on 9th December 2013 and subsequently rectified on 21st October 2025; that the ten properties now sought to be included were unknown to the administrators and beneficiaries at the time of confirmation; and that they have since established that the properties belong to the deceased but remain subject to registered charges, thereby hindering administration of the estate. Copies of the certificates of title have been annexed to the application.
3. The application is unopposed.
4. By virtue of Rule 63 of the Probate and Administration Rules, Order 45 of the Civil Procedure Rules applies to succession proceedings. Under Order 45 Rule 1, a court may review its orders where there is discovery of new and important matter or evidence which, despite the exercise of due diligence, was not within the knowledge of the applicant or could not be produced at the time the order was made. The court's jurisdiction is further donated by section 47 of the Law of Succession Act and preserved by Rule 73 of the Probate and Administration Rules which reserves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
5. I have considered the application, the supporting affidavit and the annexures. The applicants have explained that the ten parcels of land were only discovered after confirmation of the grant and therefore did not form part of the schedule of assets contained in the Certificate of Confirmation of Grant. The documentary evidence annexed to the application supports the assertion that the properties are registered in the name of the deceased and that they are encumbered by registered charges. There is no material before the court to suggest that the omission was deliberate or that the application is made in bad faith. Neither is there any opposition from any beneficiary or other interested party.
6. The omission of estate assets from a certificate of confirmation would impede the complete administration of the estate. In the circumstances of this case, the court is satisfied that the applicants have demonstrated the discovery of new and important matter within the meaning of Order 45 Rule 1 of the Civil Procedure Rules, warranting review of the Certificate of Confirmation of Grant. The court is further empowered by section 47 of the Law of Succession Act and Rules 63 and 73 of the Probate and Administration Rules to make such orders as are necessary for the proper administration of the estate. Accordingly, the Notice of Motion dated 30th June 2026 is allowed. The Certificate of Confirmation of Grant is hereby reviewed and varied to include the following additional assets in the schedule of the estate:
a. Subdivision No. 4800 (Original No. 1391/67) Section I Mainland North;
b. Subdivision No. 4788 (Original No. 1391/55) Section I Mainland North;
c. Subdivision No. 4799 (Original No. 1391/66) Section I Mainland North;
d. Subdivision No. 4794 (Original No. 1391/61) Section I Mainland North;
e. Subdivision No. 4795 (Original No. 1391/62) Section I Mainland North;
f. Subdivision No. 4796 (Original No. 1391/63) Section I Mainland North;
g. Subdivision No. 4798 (Original No. 1391/65) Section I Mainland North;
h. Subdivision No. 4789 (Original No. 1391/71) Section I Mainland North;
i. Subdivision No. 4790 (Original No. 1391/72) Section I Mainland North; and
j. Subdivision No. 4791 (Original No. 1391/58) Section I Mainland North.
7. An amended Certificate of Confirmation of Grant shall issue accordingly reflecting the above properties. Each party shall bear its own costs
8. The file is marked as closed.
2. The application is supported by the affidavit of Omar Ahmed Yusuf and Yussuf Sheikh Muhumed. The applicants depose that they are the administrators of the estate; that the grant was confirmed on 9th December 2013 and subsequently rectified on 21st October 2025; that the ten properties now sought to be included were unknown to the administrators and beneficiaries at the time of confirmation; and that they have since established that the properties belong to the deceased but remain subject to registered charges, thereby hindering administration of the estate. Copies of the certificates of title have been annexed to the application.
3. The application is unopposed.
4. By virtue of Rule 63 of the Probate and Administration Rules, Order 45 of the Civil Procedure Rules applies to succession proceedings. Under Order 45 Rule 1, a court may review its orders where there is discovery of new and important matter or evidence which, despite the exercise of due diligence, was not within the knowledge of the applicant or could not be produced at the time the order was made. The court's jurisdiction is further donated by section 47 of the Law of Succession Act and preserved by Rule 73 of the Probate and Administration Rules which reserves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
5. I have considered the application, the supporting affidavit and the annexures. The applicants have explained that the ten parcels of land were only discovered after confirmation of the grant and therefore did not form part of the schedule of assets contained in the Certificate of Confirmation of Grant. The documentary evidence annexed to the application supports the assertion that the properties are registered in the name of the deceased and that they are encumbered by registered charges. There is no material before the court to suggest that the omission was deliberate or that the application is made in bad faith. Neither is there any opposition from any beneficiary or other interested party.
6. The omission of estate assets from a certificate of confirmation would impede the complete administration of the estate. In the circumstances of this case, the court is satisfied that the applicants have demonstrated the discovery of new and important matter within the meaning of Order 45 Rule 1 of the Civil Procedure Rules, warranting review of the Certificate of Confirmation of Grant. The court is further empowered by section 47 of the Law of Succession Act and Rules 63 and 73 of the Probate and Administration Rules to make such orders as are necessary for the proper administration of the estate. Accordingly, the Notice of Motion dated 30th June 2026 is allowed. The Certificate of Confirmation of Grant is hereby reviewed and varied to include the following additional assets in the schedule of the estate:
a. Subdivision No. 4800 (Original No. 1391/67) Section I Mainland North;
b. Subdivision No. 4788 (Original No. 1391/55) Section I Mainland North;
c. Subdivision No. 4799 (Original No. 1391/66) Section I Mainland North;
d. Subdivision No. 4794 (Original No. 1391/61) Section I Mainland North;
e. Subdivision No. 4795 (Original No. 1391/62) Section I Mainland North;
f. Subdivision No. 4796 (Original No. 1391/63) Section I Mainland North;
g. Subdivision No. 4798 (Original No. 1391/65) Section I Mainland North;
h. Subdivision No. 4789 (Original No. 1391/71) Section I Mainland North;
i. Subdivision No. 4790 (Original No. 1391/72) Section I Mainland North; and
j. Subdivision No. 4791 (Original No. 1391/58) Section I Mainland North.
7. An amended Certificate of Confirmation of Grant shall issue accordingly reflecting the above properties. Each party shall bear its own costs
8. The file is marked as closed.