JUDGMENT OF THE COURT
The appeal before us relates to the estate of Wallace Mbogo Ngunyu (deceased) who died intestate on 11th March, 1996. His wife, Phyllis Nyambura, died 13 years later on 13th March, 2009. In their lifetime, they had five sons and two daughters who survived them. They also had some pieces of land and shares in three companies. Although the appellant before us is named as 'Leonard Njoroge Mbogo' (Leonard), and no respondents are named, the dispute in the lower court named the four other sons of the deceased as the respondents.
The record of appeal itself is rather convoluted and we can hardly make head or tail of it! It is no wonder, therefore, that learned counsel for the appellant, Ms. Melissa Ng'ania, instructed by M/s Muhoho Gichimu and Kinyanjui, Advocates, sought to have it remitted back to the High Court for retrial.
The appeal is stated to be against an Order of the High Court (Kimaru, J.) made on 12th March, 2013. The formal Order as exhibited in the record is…