JUDGMENT OF THE COURT
The brief history of this case shows that prior to 2nd April, 1964, a piece of land registered as CHINGA/GIKIGIE/185 was owned by MIATU KARIMI , the father of the Second Respondent AGATHA WANGECHI GACIBO . The said Miatu Karimi died on 2nd April, 1964. In the year 1991, the first Respondent, ANDRIANO MUGO WANJOHI, a nephew of the deceased Miatu Karimi , applied for grant of letters of administration intestate and the same was issued by the Principal Magistrate’s Court at Nyeri in Succession Cause No. 201 of 1991. On 25th March 1992, the same grant was confirmed and certificate of confirmation of a grant was issued on 9th April, 1992. On 24th February 1997, the Appellant JOSEPH MWANGI MACHARIA together with the second respondent took out Summons for revocation or Annulment of Grant under rule 44(1) of the Probate and Administration Rules and section 76 of the Law of Succession Act Chapter 160 Laws of Kenya. This was filed in the High Court at Nyeri as Misc. Civil A…