JUDGMENT OF THE COURT
The bliss of investing a lifetime for the benefit of loved ones and the woes of succession, once again dovetail in this appeal. The appeal relates to two estates of a hardworking couple who died within three weeks of each other in 1992, but have not rested in peace since. The first is the estate of Esther Wanjiku Maina (Esther)
who died on 23rd September 1992; then her husband Maina Kabutha (Maina) died on 15th October 1992. They had only one son between them who was already born when they married, but he was accepted by Maina as his son. That son is the appellant before us. Maina had another wife, Janet Njeri, who died in 1972 leaving behind five sons and one daughter who were literally brought up by Esther. The sons are the respondents before us.
The contest is between the children of the two respective houses on the manner of distribution of the two estates. When the appellant went to court on 26th February 1993 and filed Succession Cause No.362 of 1993, he was s…