Court settles multi-million property dispute 16 years after owner’s death
A High Court in Mombasa has finally ordered the distribution of multi-billion estate amongst five siblings, 16 years after the death of their father, a Mombasa tycoon Jaswant Singh Boor Singh Danjal.
The court has ruled that an expeditious distribution of the vast estate among his five children.
Lady Justice Mugure Thande directed that the administrators to Danjal estate proceed to distribute the 22 listed properties among the rightful beneficiary, the five children who have been in a bitter legal fight over who should be the administrator to their father’s vast estate.
It also includes, prestigious tourist hotels, residential properties and trading companies.
The late Danjal had left a multi-billion estate to his four sons and one daughter, Jaspal Kaur Nagi, Sukhwant Kaur Kundi, Joginder Singh Dhanjal, Surjit Singh Jaswant Dhanjal and Daljit Singh Dhanjal.
The deceased also left behind his three brothers Dalip Singh Dhanjal, Narinder Singh Dhanjal and Baldev Singh Dhanjal with who they shared companies that owned several properties in common.
“There is a confirmed grant herein. The administrators are directed to proceed expeditiously with the distribution of the undisputed properties as set in the certificate of confirmation of grant dated June 14 2019,” ruled Justice Thande.
In addition it was ordered that since the demise of the said the tycoon in 2004 and issuance of the initial and subsequent grants the estate is yet to be distributed among the beneficiaries.
The Judge further directed the administrators to confine the distribution to the properties belonging to the estate of the late Danjal and make a distinction between properties owned by the deceased and those owned by companies where he was a director.
Adding to that, the judge said that administration of any estate will only and subsequent grant full access where there is cooperation amongst all parties concerned.
Thande noted that continued filing of application upon application in court; the deriving of any benefit from the estate by beneficiaries will further be further delayed.
“The consequence of this is that the hostility among the children of the deceased will continue to fester.
Further, the beneficiaries, particularly Jaspal who has stated that she has been unwell and requires funds for her medical care will continue to suffer need, notwithstanding that the deceased left a vast estate,” said Justice Thande.
Jaspal said that in spite of her being ill and in desperate need for funds for her medical care, the administrators have not distributed the monies to the beneficiaries as ordered by the court.
She said that her brother Joginder misled her to believe that he would bring the dispute to an amicable conclusion and accused him of delaying the matter and interfering with the estate and thus unfit to continue as administrators.
However, Sukwant and Joginder said Nirmal’s application was frivolous, scandalous and an abuse of court process and waste of judicial time as he was relying on nullified settlement agreement.
Sukwant said that Nirmal had participated in the succession matter when the settlement agreement was nullified.