Imagine taking someone to court and after being found guilty then he survives prosecution. This sounds unfair right? Well judge Mugure Thande of mombasa courts just just did that.
As usual after the death of a rich man follows family war over the late’s wealth. The sons of the late businessman Jaswant Singh Dhanjal graced Magure’s court as they are at logger heads in a succession tussle of the family business worth over Sh 2.17 billion.
The blood suit was filed by Jaspal Kaur Nagi, the eldest son, against her brother Daljit which saw Daljit Singh Dhanjal, being found to have interfered with the estate of his late father.
“In dealing with matters concerning families, the court must be mindful of the need to foster lasting family relations,” the judge said even after revelation that what Daljit had done was punishable by imprisonment, fine or both as provided under Section 45[2] [a] of the Act.
The judge admitted nothing in the law prevented the court from granting the orders sought but that would be a restorative measure than punitive measures but the family needs measures that would promote harmony among the Dhanjal siblings.
She further added that granting the orders would result in further degeneration of the relationship and would tear the family apart further than it is now.
“At the end of the day, each party wants to benefit from the estate of their late father and it is important they do not lose the sight of that ultimate goal.”
Judge Mugure said her duty and that of the court is to ensure that the estate is protected and eventually distributed to all beneficiaries fairly adding that her declination to grant the orders was to create a conducive atmosphere for the distribution of the estate.
The petition was filed at the High Court in Mombasa in 2014 by Joginder Singh who had claimed that his brother transferred some of the shares to himself using ‘devious means, intimidation, and coercion’.
The petitioner said he had learned about this when he signed documents, presented at the court, whose contents he did not understand.
The Sh 2.17 billion company deals in land acquisition, construction, building, maintenance, leasing as well as the acquisition and purchase of merchandise.
Jaswant Dhanjal died in 2004 and left behind five children – three sons and two daughters.
Do you believe that the judge’s ruling was just?