JUDGMENT OF THE COURT
The late Hemrensiana Omolo Ochogo (hereinafter “the deceased”) passed away on 5th October, 1992. She was seventy years old when she died. She had three brothers and two sisters. One of the brothers was Alfayo Onditi Ochogo the father of Moses Odero Onditi, Dalmas Ochogo Onditi and Robert Onyango Onditi, the respondents herein.
By his petition filed in August, 1997 Gilbert Otieno Okite (“hereinafter the petitioner”) applied for a grant of representation to the deceased's estate in his capacity as a step son of the deceased. He obtained the said grant on 5th November, 1997 and the same was confirmed on 1st October, 1998.
On 14th May, 2001 Alfayo Onditi Ochogo (hereinafter “Alfayo”) by his Chamber Summons of even date applied to the High Court for an order revoking or annulling the grant of representation issued to the petitioner on five grounds namely, that the proceedings to obtain the grant were defective in substance; that the grant was obtained fraudulently by th…