Protus Masibo Watibin v Concepter Wanjala Watibin & 1 other

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 RULING 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.

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