Protus Masibo Watibin v Concepter Wanjala Watibin & Vertonica Watibin [2017] KEHC 2622 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

SUCCESSION CAUSE NO. 82 OF 2011

IN THE MATTER OF THE ESTATE OF WENSLAUS WATIBIN …..DECEASED

PROTUS MASIBO WATIBIN...............................APPLICANT

VERSUS

CONCEPTER WANJALA WATIBIN.......1ST RESPONDENT

VERTONICA WATIBIN............................2ND RESPONDENT

R U L I N G

DIRECTIONS

1. I have perused the application dated 6th February 2017 by the appellant together with the supporting affidavits and the annextures. I have equally perused the replying affidavits together with the attached annextures. It is my considered view that the parties in this application are avoiding the directions given by this court in the two  rulings earlier delivered by mt brother Justices Karanja and Githinji.

2.  For this  court to re look at the application and  make appropriate ruling would be  partially dressing the wound. I say so because the substantive issue is to confirm the grant.  The parties  duly recognise each other and as such no dispute on the beneficiaries.

3.  The  wishes of the deceased are clear in the Will and in particular no part of the estate  should be  disposed before the expiry of 50 years after his death.  It is too early  in the day even for any of the parties to  imagine disposing the part of the estate more so before the grant is confirmed.

4.  For the foregoing reasons this court has to exert its authority and to ensure that the law is addressed to and the wishes of the deceased fulfilled.  I shall hold the application in abeyance and order that;

(1) A skeleton file be  and is hereby  constructed and the same be kept under lock and key by the Deputy Registrar of this court.

(2) No stranger should intermeddle in the estate of the deceased or at all

(3) The grant herein be and is hereby confirmed within the next 30 days from the date of this ruling.

(4) That each of the  administrators be at  liberty to apply for the said confirmation.

(5) Costs in the cause.

Delivered, signed and dated on this 9th day of  October, 2017.

_________________

H.K. CHEMITEI

JUDGE

9/10/17