Court grants permission for administration of estates of dead family

The deaths of all four members of a Dublin family in a boating tragedy in Kenya last year were recalled in the High Court yesterday…

The deaths of all four members of a Dublin family in a boating tragedy in Kenya last year were recalled in the High Court yesterday when the court granted permission for the administration of the estates of the husband and wife.

Mr Kiran Pathak (42), his wife Marguerite (38), and their children, Sachin (9) and Rohan (5), of "Craigmore", Temple Villas, Palmerston Road, Dartry, left the port of Mombasa on a day's fishing in the Indian Ocean on August 4th, 2001. The weather turned bad and the boat capsized after being hit by a freak wave.

Yesterday, Mr Justice Kearns gave liberty to the parents of Mr and Mrs Pathak to extract letters of administration to the couple's estates.

Mr James Dwyer SC applied on behalf of Mr Vincent McNally, a retired jeweller, and his wife Frances, of Limekiln Park, Terenure, Dublin, the parents of Ms Marguerite Pathak. Mr Terry O'Sullivan applied on behalf of Mr Sunder Pathak and his wife Dr Usha Pathak, Loughton, Essex, the parents of Mr Kiran Pathak.

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Mr Dwyer told the court the bodies of Kiran, Marguerite and Sachin were recovered but the body of Rohan had never been found. The boat's crew of three had survived the tragedy.

Mr McNally, in an affidavit, said a family holiday had unfortunately resulted tragically in the death of his daughter, son-in-law and two grandchildren. At some point in the boat's journey, it appeared the weather turned bad. They were endeavouring to cross back from the ocean to negotiate a channel to allow them in through a coral reef when the engine stalled and a devastating wave hit the boat causing it to capsize.

The family died without making wills.

Mr Justice Kearns decided all the family died simultaneously.