JUDGMENT OF THE COURT
The appeal we are about to determine was provoked by the ruling of Rawal J. (as she then was), by which the learned Judge dismissed a summons dated 13th March, 1990. By that summons the five appellants, children of the late Elizabeth Nyambura Kibunja, sought orders to annul the confirmed grant issued on 16th December, 1990 in favour of the respondents, executors of the estate of Kibunja Kinuthia (the deceased). The deceased left a large estate with a written will. As it shall presently unfold, the late Elizabeth Nyambura was not included in the will and so when she learned that it had been confirmed, she filed the summons aforesaid, to annul the same under section 76, the Laws of Succession Act (Cap 160, Laws of Kenya), the Act. When she died, her children, the appellants, substituted her and not only pursued the determination of their mother’s summons, but also challenged that determination by filing this appeal.
The grounds stated on the face of the summons were:
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