The family Court has settled a nine-year-old succession battle of the multi-billion estate owned by the late Mombasa tycoon Dalip Singh Dhanjal.
The estate of the late tycoon who died in 2010 will now be shared equally among his two children and grandson.
This may bring to a close, years of court battles between his daughter, Jaswinder Kaur Koundu and son Nirmal Dhanjal.
Mombasa High Court judge John Oneyiego said the multi-billion shilling estate should be shared out amongst the two siblings and their nephew.
“Having gone through the ownership documents on the support of the assets listed under category A, I am satisfied that whose ownership is clear that the estate is to be shared out between three beneficiaries in equal measure,” Justice Onyiego said.
The judge said the minor’s share will be held in trust for his benefit until he attains the age of maturity.
Travellers Beach Hotel is amongst the many assets owned by the late Dalip Singh Dhanjal.
The recent judgement now puts the hotel's ownership in contention.
According to the judgement, the late Dalip Singh Dhanjal died in July 2010 and his son Nirmal, current chairman of Mombasa’s Sikh Temple, deceived the court by claiming to be the sole survivor of his late father, then fraudulently petitioned for a grant of representation culminating to the issuance of a grant of letters of administration interested to him in 2013.
In 2016, Jaswinder Kaur Koundu, sought revocation of the grant on grounds that the said grant was obtained fraudulently and through the concealment of material information.
The daughter claimed her brother did not disclose to the court that she was also a beneficiary of the estate and therefore ought to have been consulted or her consent sought.
In 2018 by consent, both siblings revoked the grant and the court issued a fresh grant to the two siblings and Nirmal was ordered to provide a full and accurate account of the estate from December 2012 to the date of the consent.
This was never received. The two siblings’ cousins Sukhwant Kundi and Joginder Dhanjal asked to be enjoined in the matter as administrators.
They argued some of the properties listed in the succession were co-owned by their late father.
They also brought it to the attention of the court that the late Dalip had a third son Rajpal Dhanjal who passed on in 2006 but left a widow and a son aged 15 years which was never disclosed to court.
The court dismissed the application by the cousins and entered the young nephew as the third beneficiary in the will. Some of the family members hope the ruling will now bring closure to the matter.
