JUDGMENT OF THE COURT
This is an appeal from the ruling or order of the superior court (Gacheche, J.) made on 31st July, 2007. In order to appreciate what is before the Court it will be necessary to give brief background facts that led to the order of the learned Judge.
The genesis of this appeal is a Succession Cause No. 146 of 2003 filed in the High Court of Kenya at Kisii. The record of the superior court shows that on 24th April, 2007, the appellant herein, PAUL ONGOCHO HEZEKIAH OBUNGA appeared in person before the learned Judge. There were also M. AKINYI and C.B. ACHIENG who were described as “beneficiaries”. The said Akinyi is recorded as having addressed the learned Judge thus:-
“We have requested our uncle to go and obtain funds from Sony for the benefit of our mother’s estate, but to no avail. We need to have the money released to us. We are the two beneficiaries; there are 3 grandchildren who also need to inherit my mother.”
On her part, Achieng told the learned Judge:-