JUDGMENT OF THE COURT
[1] The dispute in the High Court that has snowballed into the present appeal relates to the estate of the late Kahmira Singh Jandu (deceased) who died on 8th September, 2011. The deceased was survived by two sons and one daughter namely; Trilochan Singh Jandu (appellant) Amarjeet Singh Jandu (1st respondent) and a daughter Amarjeet Kaur Chana (2nd respondent). On 21st September, 2011 the second son Amarjet Singh Jandu petitioned the High Court for a grant of probate of a written ‘Will’ made on 13th October, 2010 by the deceased which allegedly named him as the executor. The said ‘Will’ distributed the deceased estate being LR No. 209/2079 situated at Parklands Nairobi, 1/3 of LR No. 37/396 situated in Industrial Area, Nairobi and all the deceased property in Punjab, India to his second son, Amarjet. It provided that his only daughter Amarjeet Kaur Chana would receive rental income from one unit, comprising of the three flats in the Parklands property.
[2] The said…