JUDGMENT OF THE COURT
This is an appeal arising from the ruling of Muriithi, J. delivered on 22nd February, 2013 in Mombasa H.C. Succ. Cause No. 31 of 2006. In the cause, Tony Kent, the 1st respondent herein filed two applications on 5th July, 2012. The first application was a Chamber Summons under Section 47 of the Law of Succession Act and Rules 49 and 73 of the Probate and Administration Rules. In the Chamber Summons application the 1st respondent sought orders, inter alia that he be “admitted” into the proceedings and that an injunction be issued to restrain Cosimo Polcino, the appellant herein, Nicholas Jack Polcino and Thomas Hinzano from interfering in any way with the property of the late Nicola Polcino who died in an accident along Malindi-Mombasa road on 3rd April 2002. The deceased's property in Kenya included 90% shareholding in Polcino Oasis Limited, a limited liability company which owns property known as Polcino Oasis Ltd comprising of 189 apartments and commercial shops…