[2017] KEHC 2622 (KLR)
The court determined that it would be improper to address the application substantively before the confirmation of the grant, as the central issue is the confirmation itself. The wishes of the deceased, as set out in the will, are clear and binding, particularly the restriction on disposal of the estate for 50...
Source-derived case information.
- Citation
- [2017] KEHC 2622 (KLR)
- Parties
- Applicant: Protus Masibo Watibin; Respondent: Concepter Wanjala Watibin; Respondent: Vertonica Watibin
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 82 of 2011
- Procedural Posture
- Succession Cause / Ruling on Application for Directions and Confirmation of Grant
- Outcome
- Application held in abeyance; directions issued for confirmation of grant and protection of estate.
- Judges
- HK Chemitei
- Legal Topics
- Confirmation of Grant, Wills and Testamentary Dispositions, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Protus Masibo Watibin
Applicant
Concepter Wanjala Watibin
Respondent
Vertonica Watibin
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Directions and Confirmation of Grant
Legal Issues
- 1 Whether the application should be determined before confirmation of grant.
- 2 Whether the wishes of the deceased as expressed in the will should be enforced regarding non-disposal of the estate for 50 years.
- 3 Whether the parties are complying with previous court directions.
Ratio Decidendi
The court determined that it would be improper to address the application substantively before the confirmation of the grant, as the central issue is the confirmation itself. The wishes of the deceased, as set out in the will, are clear and binding, particularly the restriction on disposal of the estate for 50 years. The court found that the parties are recognized beneficiaries and there is no dispute as to their status. To ensure compliance with the law and the testator's wishes, the court held the application in abeyance, ordered the construction and secure storage of a skeleton file, prohibited intermeddling in the estate, and directed that the grant be confirmed within 30 days. The...
Court Disposition
Application held in abeyance; directions issued for confirmation of grant and protection of estate.
Orders
- A skeleton file be constructed and kept under lock and key by the Deputy Registrar.
- No stranger should intermeddle in the estate of the deceased or at all.
Full Case Text
Judgment text and source record
24 paragraphs
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