JUDGMENT OF THE COURT
[1] This is an appeal against the Judgment of Sergon, J. delivered on 23rd September, 2011, and the subsequent order of 24th October, 2011 in H. C. Succession Cause No. 422 of 2006. The dispute is over the mode of distribution of the estate of the late Kariuki Mbaka (deceased) who died intestate on 29th July, 2004. The deceased was polygamous in his lifetime. He was survived by three wives and fourteen children. Two of the wives subsequently passed away. There was no dispute over what constituted the deceased's estate, the only dispute that has persisted in this appeal, is how certain assets should be shared between the beneficiaries. The letters of administration in respect of the deceased's estate were granted through the consent of all the beneficiaries to Jerioth Wangechi Muigai, John Bosco Maina Kariuki and Douglas Njuguna Muigai on 21st August, 2007.
[2] It would appear a dispute arose over the mode of distribution and as the three administrators did not agre…