JUDGMENT OF THE COURT
1. This is a succession matter in the estate of Kipsang Kandie (deceased) who died on 4th August, 1991. The only property in dispute was originally Plot 219 in Eldama Ravine Settlement Scheme but later surveyed and registered as Baringo/ Eldama Ravine102/107 (the disputed land) measuring about 13.1 Hectares or 32 Acres. When the deceased died, his wife Mary Kimoi Sang (Mary) applied for and obtained a grant of Letters of Administration which was issued on 13th March, 2002 and the disputed land was transferred and registered in her name on 28th May, 2002. All that process was carried out with the knowledge of the deceased’s brothers John Kandie (John), Charles Kipchumba Kandie (Charles) and Francis Kanina Kandie (Francis).
2. About two and a half years later on the 8th October, 2004, Charles, with the support of Francis, filed an application for revocation of the grant issued to Mary on the ground that it was fraudulently obtained by making a false statement and con…