JUDGMENT OF THE COURT
[1] The gravamen in this appeal, is the disposal of certain shares in the company called DHANJAL BROTHERS LTD (DBL) and other properties that allegedly belonged to the estate of the late Jaswant Singh Boor Singh Dhanjal (deceased) who died intestate on 26th October, 2004 in Tudor Mombasa. The deceased was survived by five children namely, Joginder Singh Dhanjal, (1st respondent) who was the applicant in the court below; Daljit Singh Dhanjal (2nd respondent) and administrator of the deceased estate, Sukwant Kaur Kundi (4th respondent) and Jasper Kaur Nagi (5th respondent). It would appear that when the deceased died, the family authorized the 2nd respondent, (Daljit) to apply to become the administrator of their father’s estate. On 30th January, 2006, he petitioned for letters of administration over the deceased’s estate and the grant of letters of administration was issued by the court on 26th July, 2006.
Nonetheless, before the grant was issued and confirmed, Dal…