JUDGMENT
This appeal arises from a ruling delivered on 17th January 2020 by the High Court at Mombasa (Thande J.) on a summons for confirmation of grant concerning the distribution of the estate of Hassan Ali Mwadzaya (“the Deceased”). The background to the appeal is that the Deceased, who died on 12th January 1974, had three wives, Hadija Hassan, Mgeni Mboto and Halima Kahaso, who each had children. The first wife, Hadija Hassan had initially applied for a grant of letters of administration intestate by way of a petition dated 21st April 2004, which was objected to by some of the children of the Deceased. On 27th October 2014, during the hearing of the said petition, and after her evidence had been taken, the Court was informed that Hadija Hassan had passed away. The parties herein thereupon filed a new petition, in which a consent was entered on 8th November 2016 in which three administrators of the estate of the Deceased were appointed, after the houses of the three wives agreed on …