(2) The court shall not be bound to order the termination even where someone or more grounds as above exist. (3) Where such application is made within one year from the death of the intestate and where there is any other person or persons who would have been entitled to occupancy but for the existence of the occupant, such person or persons shall be made party to the suit and the court may, after hearing such evidence in the matter as may be presented, order that the occupancy shall pass from the occupant to such person or one or more of such persons. (4) Any person entitled to occupancy under this paragraph who is aggrieved by the decision of the court may within thirty days appeal against the court’s order. 10. Offences. It shall be an offence punishable with imprisonment not exceeding six months or a fine not exceeding one thousand shillings or both for any person to evict or attempt to evict from a residential holding prior to the issue of a certificate under paragraph 4 of this Schedule any wife or child of an intestate who normally resided there at the date of death of the intestate or to do any act calculated to persuade or force any the wife or child to quit such holding prior to the issue of the certificate. _____