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INTRODUCTION
The history of this matter dictates that my ruling be brief. The deceased herein died on 7 th August 1989. Grant of Probate of Will dated 27 th August 1975 was issued to Dilshad Sadrudin Hassan Mohammed and Aziz Mohammed on 27 th March 1991. That grant was subsequently confirmed on 8 th November 2021 and certificate of Confirmation of Grant issued with schedule distributing the Estate of the deceased as follows-
Dilshad Sadrudin Hassam Mohammed -Entire Estate Life Interest
Mohamed Sadrudin Mohamed - Entire Estate - 30%
Farouk Sadrudin Mohamed - Entire Estate -30%
Zainul Sadrudin Mohamed -Entire Estate -20%
Zeenat Sadrudin Mohamed -Entire Estate -20%
No. 2 to 5 come into effect after the death of No. 1 above
Both the executors died, On 25 th November 2021, 3 of the children of the deceased Mohamed, Farouk and Zeenat applied for the revocation of grant to enable them apply for a fresh grant, similarly on 17 th June 2022, Zainul Sadrudin Hasham Mohamed separately presented Summons for revocation of Grant and issuance of Letters of Administration de bonis non with will to issue to her, Zainul Sadrudin Hasham Mohamed.
After a number of appearances in Court, on 21 st November 2023 parties recorded a consent compromising the applications on the following terms-
By consent Grant issued on 27 th March 1991 in respect of the estate of Sadrudin Hassam Mohamed be rectified and Executors be substituted by deletion of DILSHAD SADRUDIN HASSAM MOHAMED AND AZIZ MOHAMED and the inclusion of
1. Mohamed Sadrudin Hasham Mohamed
2. Farook Sadrudin Hasham Mohamed
3. Zeenat Mohamed Bharwani
4. Zainul Sadrudin Hasham Mohamed
Fresh Grant of Probate issued on 21 st November 2023. The Court directed that parties file confirmation of Grant, which was not necessary as grant had earlier been confirmed on 8 th November 2021 as observed earlier. Pursuant to the directions of the Court, Mohamed, Farouk and Zeenat filed summons for confirmation dated 5 th February 2025 and Zainul filed an affidavit of protest sworn on 26 th May 2025.
Her protest is hinged on the suitability of her siblings to be administrators/ executors of their late father’s estate on account of actions that amount to intermeddling, fraud, failure to avail accounts. Further she contends that certain assets and liabilities have been excluded from the estate.
As stated I have deliberately elected to render a concise ruling so that my attention focuses on my mandate as a probate court. The issue is how should the estate of the deceased be distributed. He has a will. There is no contest to the will. The summons dated 5 th February 2025 proposes at paragraph 7 and 8 of the supporting affidavit of Farouk Sadrudin Hasham Mohammed sworn on 5 th February 2025 as follows-
That the assets of the deceased are
i) L.R. No. 1/553 ( Nyangumi Property)
ii) Shares at Absa Group Limited
The Liabilities are said to be a debt of Shs 42, 920 owing to Fast Security Services
It is proposed that the assets be sold and shared in the ratio of 30:30: 20:20 to Mohamed, Farouk, Zainul and Zeenat respectively.
Zainul on her part seeks to add decretal amount in Winding up cause No. 57 of 2001 as an asset of the estate. She contends that insurance claim against Jubilee Insurance and monies owed by Kiota School for breach of leasing contract are also assets of the estate. She also seeks that her outlays in respect of management of the estate should be treated as liabilities to the estate.
The procedure regarding confirmation of grants is provided for under Section 71 of the Law of Succession Act and rule 40 of the probate and administration rules. In this estate, the deceased died testate, the beneficiaries of the estate are agreed upon and their respective shares set out in the will.
The Evidence Act Sections 107-109 demands that the party asserting a fact or claiming a legal right must prove that fact. The protestor wishes to delay confirmation of the grant on account of liabilities or assets that are yet to fully crystallise, have not been particularised and are unsubstantiated at this stage, these are; what the estate owes her for administering the estate; debt by Kiota School; pending claim before Jubilee Insurance.
She contends that the decretal sums in Winding Up cause no 57 of 2001 are recoverable. I note that the same is yet to be recovered. I would note that nothing stops her as Co-Executor from ensuring the payment of this sum and then availing it for distribution among the beneficiaries. The confirmation at this stage does not stop any party who collects assets of the deceased from approaching the court for distribution.
Accordingly, I will proceed to confirm the grant and direct that in accordance with the expressed wishes of the deceased in his will, the assets of the Estate namely LR No 1/553 ( Nyangumi Property) and Shares at Absa Group Limited shall be sold and net proceeds ( less debt of Kshs 42, 920) be divided among the beneficiaries, Mohamed Sadrudin Hasham Mohamed, Farouk Sadrudin Hasham Mohammed, Zeenat Mohamed Bharwani and Zainul Sadrudin Hasham Mohamed in the ratio of 30:30: 20:20 (%)
To facilitate the sale of L.R. No. 1/553 (Nyangumi Property), the Administrators/ Executors will jointly nominate a valuer/ property agent to value and sale the land within the next 45 days.
In the event that the Executors fail to agree on a valuer/ Property Agent to dispose of the property, any 3 of the Administrators will proceed to identify and nominate one.
The property shall be sold by the valuer/ property agent appointed under either paragraph 12 or 13 within 90 days of such nomination.
In the event that any party fails or refuses to sign any documentation to facilitate the sale and transfer of the property (L.R. No. 1/553 and the shares at ABSA Group Limited) within 21 days of delivery, the Deputy Registrar shall execute the said documents.
Owing to the relationship between the parties, each party shall bear their own costs.
Leave to appeal is granted. The party exercising their right to appeal to do so within 30 days.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 14 th DAY OF NOVEMBER, 2025.
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INTRODUCTION
The history of this matter dictates that my ruling be brief. The deceased herein died on 7 th August 1989. Grant of Probate of Will dated 27 th August 1975 was issued to Dilshad Sadrudin Hassan Mohammed and Aziz Mohammed on 27 th March 1991. That grant was subsequently confirmed on 8 th November 2021 and certificate of Confirmation of Grant issued with schedule distributing the Estate of the deceased as follows-
Dilshad Sadrudin Hassam Mohammed -Entire Estate Life Interest
Mohamed Sadrudin Mohamed - Entire Estate - 30%
Farouk Sadrudin Mohamed - Entire Estate -30%
Zainul Sadrudin Mohamed -Entire Estate -20%
Zeenat Sadrudin Mohamed -Entire Estate -20%
No. 2 to 5 come into effect after the death of No. 1 above
Both the executors died, On 25 th November 2021, 3 of the children of the deceased Mohamed, Farouk and Zeenat applied for the revocation of grant to enable them apply for a fresh grant, similarly on 17 th June 2022, Zainul Sadrudin Hasham Mohamed separately presented Summons for revocation of Grant and issuance of Letters of Administration de bonis non with will to issue to her, Zainul Sadrudin Hasham Mohamed.
After a number of appearances in Court, on 21 st November 2023 parties recorded a consent compromising the applications on the following terms-
By consent Grant issued on 27 th March 1991 in respect of the estate of Sadrudin Hassam Mohamed be rectified and Executors be substituted by deletion of DILSHAD SADRUDIN HASSAM MOHAMED AND AZIZ MOHAMED and the inclusion of
1. Mohamed Sadrudin Hasham Mohamed
2. Farook Sadrudin Hasham Mohamed
3. Zeenat Mohamed Bharwani
4. Zainul Sadrudin Hasham Mohamed
Fresh Grant of Probate issued on 21 st November 2023. The Court directed that parties file confirmation of Grant, which was not necessary as grant had earlier been confirmed on 8 th November 2021 as observed earlier. Pursuant to the directions of the Court, Mohamed, Farouk and Zeenat filed summons for confirmation dated 5 th February 2025 and Zainul filed an affidavit of protest sworn on 26 th May 2025.
Her protest is hinged on the suitability of her siblings to be administrators/ executors of their late father’s estate on account of actions that amount to intermeddling, fraud, failure to avail accounts. Further she contends that certain assets and liabilities have been excluded from the estate.
As stated I have deliberately elected to render a concise ruling so that my attention focuses on my mandate as a probate court. The issue is how should the estate of the deceased be distributed. He has a will. There is no contest to the will. The summons dated 5 th February 2025 proposes at paragraph 7 and 8 of the supporting affidavit of Farouk Sadrudin Hasham Mohammed sworn on 5 th February 2025 as follows-
That the assets of the deceased are
i) L.R. No. 1/553 ( Nyangumi Property)
ii) Shares at Absa Group Limited
The Liabilities are said to be a debt of Shs 42, 920 owing to Fast Security Services
It is proposed that the assets be sold and shared in the ratio of 30:30: 20:20 to Mohamed, Farouk, Zainul and Zeenat respectively.
Zainul on her part seeks to add decretal amount in Winding up cause No. 57 of 2001 as an asset of the estate. She contends that insurance claim against Jubilee Insurance and monies owed by Kiota School for breach of leasing contract are also assets of the estate. She also seeks that her outlays in respect of management of the estate should be treated as liabilities to the estate.
The procedure regarding confirmation of grants is provided for under Section 71 of the Law of Succession Act and rule 40 of the probate and administration rules. In this estate, the deceased died testate, the beneficiaries of the estate are agreed upon and their respective shares set out in the will.
The Evidence Act Sections 107-109 demands that the party asserting a fact or claiming a legal right must prove that fact. The protestor wishes to delay confirmation of the grant on account of liabilities or assets that are yet to fully crystallise, have not been particularised and are unsubstantiated at this stage, these are; what the estate owes her for administering the estate; debt by Kiota School; pending claim before Jubilee Insurance.
She contends that the decretal sums in Winding Up cause no 57 of 2001 are recoverable. I note that the same is yet to be recovered. I would note that nothing stops her as Co-Executor from ensuring the payment of this sum and then availing it for distribution among the beneficiaries. The confirmation at this stage does not stop any party who collects assets of the deceased from approaching the court for distribution.
Accordingly, I will proceed to confirm the grant and direct that in accordance with the expressed wishes of the deceased in his will, the assets of the Estate namely LR No 1/553 ( Nyangumi Property) and Shares at Absa Group Limited shall be sold and net proceeds ( less debt of Kshs 42, 920) be divided among the beneficiaries, Mohamed Sadrudin Hasham Mohamed, Farouk Sadrudin Hasham Mohammed, Zeenat Mohamed Bharwani and Zainul Sadrudin Hasham Mohamed in the ratio of 30:30: 20:20 (%)
To facilitate the sale of L.R. No. 1/553 (Nyangumi Property), the Administrators/ Executors will jointly nominate a valuer/ property agent to value and sale the land within the next 45 days.
In the event that the Executors fail to agree on a valuer/ Property Agent to dispose of the property, any 3 of the Administrators will proceed to identify and nominate one.
The property shall be sold by the valuer/ property agent appointed under either paragraph 12 or 13 within 90 days of such nomination.
In the event that any party fails or refuses to sign any documentation to facilitate the sale and transfer of the property (L.R. No. 1/553 and the shares at ABSA Group Limited) within 21 days of delivery, the Deputy Registrar shall execute the said documents.
Owing to the relationship between the parties, each party shall bear their own costs.
Leave to appeal is granted. The party exercising their right to appeal to do so within 30 days.
It is so ordered.
SIGNED DATED AND DELIVERED IN VIRTUAL COURT THIS 14 th DAY OF NOVEMBER, 2025.
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