JUDGMENT OF THE COURT
1. The appellant, Edward Kamau Mbochi, has in this appeal challenged the ruling of the High Court (W. Karanja, J (as she then was)) delivered on 27th June 2013 in which the court distributed the estate of Henry Mbochi, deceased. In that ruling, the court invoked Section 40 of the Law of Succession Act and ordered that the property known as title number Kabete/Lower Kabete/140, being the only asset of the estate of the deceased, “be subdivided among all the children of the deceased in equal shares with any surviving spouse getting an equal share as she is recognized as a single unit.”
2. The appellant complains that in making that order, the court overlooked an earlier order given by the same court on 29th June 2009 that had directed a different mode of distribution between the two houses of the deceased.
Background
3. The deceased, Henry Mbochi, was in his lifetime in a polygamous union. With his first wife, Hannah Wambui Mbochi, they were blessed with 5 children. Wi…