JUDGMENT OF THE COURT
This is an appeal from the Judgment of the High Court (Kasango, J.) distributing land title No. Nyeri/Endarasha/61 between the appellant and the respondent as the widows of Solomon Muchiri – the deceased proprietor. The land measures 4.1 Hectares. The High Court identified the share of the appellant as 3.15 acres and the share of the respondent as 7.15 acres. The appellant is aggrieved by the decision of the High Court.
The deceased died on 2nd September, 1979 before the Law of Succession Act came in operation on 1st July, 1980. He was survived by two widows – the appellant and the respondent. The respondent Phoebe Watetu Muchiri is the first wife and has one son Joseph Muchiri Ndungu. The appellant is the second wife. She has four daughters and one living son.
The petition for Grant of Letters of Administration intestate was filed by the appellant citing the respondent. The appellant indicated in the petition that, the estate comprised of Plot No. 61/Endarasha (End…