JUDGMENT OF THE COURT
[1] The dispute that has snowballed to the instant appeal is over the ownership of house No K21C within Jamhuri Estate being LR No 209/6959/67 (suit property) which has pitted the family of Monica Akinyi Odinga (Monica) and the children of Charles John Odinga (Charles). Monica and Charles are both deceased. The background information is necessary to put the whole case in perspective. It was contended that Charles was married to Monica as 1st wife and Pamella Akinyi Owour (Pamela) 2nd wife under the Luo customary law. Monica died on 9th April, 1998 and by a strange twist of fate, eight months later, Charles also died on 15th December, the same year.
[2] Charles was survived by his second wife Pamela who obtained letters of administration jointly with George Odero on 16th June, 1999. Monica died testate having executed a Will on the 19th March, 1998 appointing Barclay Trust Investment Services Ltd (Executor) as the executor and trustee of her estate, although subsequ…