Court allows Amario's alleged son to appeal bid for share of Sh760m estate

Judge gavel. [Courtesy/GettyImages]

A man claiming to be one of the sons of controversial businessman Fai Amario has been allowed to appeal a decision that blocked him from Amario's estate estimated to be worth Sh760 million.

Justice Samwel Mohochi allowed Elvis Karee to file his appeal out of time, ruling that the court was inclined to allow him to try his chance in a superior court.

The court still noted that the appeal would have been filed 15 months after Karee's application was dismissed.

"This court is unpersuaded on the potential success of the appeal, but it would allow parties in highly emotive and old succession cases to try their chances in a second forum," ruled Mohochi.

Mohochi granted Karee a 45-day leave to file a fresh appeal different to the one he had allegedly filed last year and was dismissed because he had failed to obtain leave from the High Court and declare his intention to appeal.

"I am inclined to allow the application to enable the party to ventilate his case at a different forum," ruled Mohochi.

Karee wants to be recognised as Amario's son or alternatively be recognised as the son to one of Amario's widows and inherit his property on her behalf.

The application was allowed even as the court dismissed an application of Amario's daughter Marsha Dee, who wanted the court to stop the distribution of part of the estate worth Sh56 million.

Mohochi had on January 31, 2024, partially confirmed the grant and ordered the distribution of the part estate to 10 beneficiaries.

Dee challenged the decision, saying that only seven family members were entitled to the estate and the three others were unjustly included.

However, in his verdict, Mohochi ruled that she did not provide new and important evidence to warrant the setting aside.

He noted that his verdict followed a consent agreement dated July 20, 2023, signed by nine of the beneficiaries, save for Dee.

"A consent order can only be set aside on demonstrable fraud, collusion, parties lacking material facts when entering the consent or proof that the consent contravened public policy," ruled Mohochi.

Mohochi also dismissed Dee's claim that one of the beneficiaries was not Amario's biological daughter, ruling that once the consent was signed the court could not interfere.

In reprieve, the court allowed Dee to push for Sh134,000 monthly upkeep from her brother Miki Ng'ang'a, which she was awarded by the court on October 25, 2021.

"The court confirms the Sh134,000 to be valid and the applicant (Dee) may explore enforcement measures against her brother," ruled Mohochi.

The judge granted Dee a 45-day leave to appeal. The same, he noted, would serve as stay for execution.

Dee had informed the court that its decision did not factor in the widows' contribution to the estate's growth against the damages they caused during their marital spans.

She stated that the July 2023 consent did not list 90 percent of shares of her father's company dubbed Fai Amario Limited and accused her siblings Ng'ang'a and Sheena Euston of attempting to seize their father's company through the backdoor and misuse it.

In response, however, Ng'ang'a argued that the consent was signed by the majority of the beneficiaries.

He also argued that the case had been in court since 2010, and further delays of the case should not be allowed.

Amario, who was among the first major suppliers of vodka, wines and spirits died on May 23, 2010.

His estate comprises Wineries factory worth Sh500 million, hotel worth Sh94.75 million, old home valued at Sh16.5 million and a sh75.65 million homestead plus plots worth Sh44 million.