JUDGMENT OF THE COURT
1. The main issue in this appeal is whether the High Court erred in ordering the cancellation of the appellant’s title to land in spite of the provisions of section 93(1) of the Law of Succession Act.
Background
2. Rispa Ngaira Waiganagana (the deceased,) died intestate on 8th April 1987 in Kakamega. She was aged 45 years at the time of her death. Shewas the mother of Patrick Shimoli, Ronald Shaonyo, Julius Khamalishi Waiganagana, Ongaya Waiganagana, Zebby Mumelo and the respondent, Agnes W. Kedi. At the time of her death, she was the registered proprietor of a property known as Title Number Kakamega/Iguhu/931 (the property) measuring approximately 1.1 hectares.
3. Three of the children of the deceased, namely Patrick Shimoli, Ronald Shaonyo, and Ongaya Waiganagana predeceased her. They were however survived by their respective children.
4. In January 2005, the deceased’s son, Julius Khamalishi Waiganagana (now deceased, and to whom we shall hereafter refer as “Julius…