JUDGMENT OF THE COURT
Edith Wagithi Chiira (Edith) is the administrator of the Estate of Naftali Rumuru Chiira (Naftali) who died on 4th October, 1990. Grant of letters of administration in respect of the Estate of Naftali was made to Edith on 22nd July, 1991 and the grant was confirmed on 11th May, 1992. As a result of that confirmation, Naftali's property land parcel L.R.209/7705 known as Blue Eating House, and situated in the Industrial Area of Nairobi was distributed to Edith, Charles Mwangi Chiira (Charles) and Cyrus Munene Chiina (Cyrus) as tenantsin- common in equal shares that is to say, Edith, Charles and Cyrus became owners thereof as tenants in common in equal shareCsh.arles, the eldest son of the deceased, died on 25th January, 1995. Rebecca Wangui Mwangi (Rebecca) obtained a limited grant of letters of Administration ad colligenda bona to collect, get in and receive the estate of Charles, on 24th November, 1995 and thereafter filed an application in the superior court, in …