RAJESH PRANJIVAN CHUDASAMA
V.
SAILESH PRANJIVAN CHUDASAMA

JUDGMENT OF THE COURT

This is an appeal arising out of a ruling and order made by Nzioka, J. delivered on 11^th June, 2012 overruling the appellant’s preliminary objection dated 8^th February, 2012. The background to this matter is that the appellant and the respondent are the biological sons of the late Pranjivan Jesang Devji Chudasama (the deceased) who died on 24^th February, 2011.

The cause giving rise to the Notice of Preliminary Objection was a petition filed by the respondent on 4^th May, 2011 being Nairobi High Court Probate and Administration Cause No. 816 of 2011 in which he sought to be appointed as the administrator ad colligenda bona of the estate of the deceased. Contemporaneously with the petition, the respondent filed a summons dated 4^th May, 2011 and sought the following orders:

“1. This application be certified urgent and be heard ex parte in the 1^st instance.

2. Pending inter partes hearing of this application orders so (sic) issue that:-

a. Rajesh Pranjivan Chudasama be res…