JUDGEMENT OF THE COURT
In this appeal, the appellant is dissatisfied with the decision of the High Court which relied on the panel of elder’s distribution of the estate of the late Mungai Njuguna alias Ignatius Mungai Njuguna (the deceased) who died on 11th May 1996, without deference to the Law of Succession Act, and without appreciating that Christine Gathoni Karanja, the appellant (Christine) did not participate in the meeting to distribute the estate.
The background of the dispute is that Samuel Kariuki Mungai alias Sammy Kariuki Mungai (Samuel) was issued with a Grant of Letters of Administration of the deceased’s estate on 14th July 2004. The application for grant had specified that the beneficiaries of the estate were Bernard Njuguna, Lukas Mwihia Mungai, Sammy Kariuki Mungai, Christine G. Karanja Mungai, Jane Waithira Mungai and Ephantus Maina Mungai.
The properties of the deceased’s estate were specified as;
1. L.R. No. Ndithini/Machakos 8/32 – 18 acres,
2. Shop No. 48 Masinga Mar…