In re Estate of Isher Singh S/O Sunder Singh (Deceased) [2022] KEHC 1927 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

SUCCESSION CAUSE NO. 20 OF 1984

IN THE MATTER OF THE ESTATE OF THE

LATE ISHER SINGH S/O SUNDER SINGH (DECEASED)

JASJIT SINGH HEER.............................EXECUTOR/RESPONDENT

VERSUS

RAVINDER PAL SINGH HEER..................OBJECTOR/APPLICANT

DIRECTIONS

1. There are two sets of applications herein, namely, that dated 16th March 2021 made by the applicant Ravinder Pal Singh Heer in which he is seeking for orders that the respondent Jasjit Singh Heer be compelled to give a full account of the estate as provided under Section 83 of the Law of Succession Act. He is as well asking that the estate be distributed as per the deceased will in equal shares.

2. The second application by Jasjit Singh Heer dated 16th June 2021 is seeking to revoke the grant issued on 7th May 1987 and confirmed on 11th March 2005 on the grounds that there has now been discovered a new will made by the deceased on 3rd February 1975 which revoked the will of 7th December 1950. The applicant thus is asking the court for such far reaching orders which if granted will literally take the estate several years back.

3. The court having read the two rival applications is of the considered opinion that if indeed there is another will revoking the earlier one then the court must first make a decision over the same before looking at the application to provide accounts.

4. The issue cannot therefore be litigated by affidavits alone. The same is weighty as it goes to the root of the estate. It needs oral evidence so as to allow the parties ventilate the issues properly. Whatever the outcome the court will then make a determination on the application of providing accounts if it will still be appropriate.

5. Consequently, the court orders that the application dated 16th June 2021is hereby treated as an objection. The replying affidavits shall be deemed a defence and the respondent a defendant. Parties are granted 30 days from the date herein to file and exchange further affidavits, statements and or any other exhibits they intend to rely on.

6. Costs shall be in the cause.

DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 3RD DAY OF MARCH 2022.

H K CHEMITEI.

JUDGE.