JUDGMENT OF THE COURT
The appellants are members of the second house of the polygamous David Thiong’o (deceased) who died intestate on 12th August 2008. That house comprises three sons; Francis, Paul and Samuel and a daughter, Jecinta, together with their mother, Esther. The respondent Joseph Mwangi Thiong’o (Joseph) is the only son in the deceased’s first house which also comprises his mother, who predeceased the deceased, and his three sisters; Margaret Wanjiku Mwangi, Jane Gitiko and Eunice Muthoni Waweru. The deceased had balanced the children in the two houses at four each.
Following the death of their father, Joseph and Francis, representing their respective houses, jointly petitioned for letters of administration intestate. The intestate estate was one landed property, LR NO. LOC.20/KAMBIRWA/477 measuring approximately 3.2 Hectares or 8 acres. All the other siblings and the surviving widow consented in writing to the issuing of a grant to the brother- petitioners.
The Grant of let…