JUDGMENT OF THE COURT
Ngugi Mwathi Wangige (the deceased) died on 9th March, 1987 at Nazareth Hospital aged 65. He never married and left behind no wife or children. He was survived by a brother, Julius Wainaina Mwathi (the appellant), two sisters Beth Mbene (the first respondent) and Grace Wanjiru (the second respondent). The deceased hailed from Wangige in Kiambu District. The deceased owned a parcel of land Plot No. Kabete/Kibichiku/675 (the suit land).
On 7th March, 1987, only two days before his death, the deceased made a Will under the terms of which he bequeathed the suit land to the appellant. According to the appellant, the deceased dictated his wishes and he, the appellant, reduced it into writing. It was then thumb-printed by the deceased and witnessed by among others, the appellant and his wife, Rahab Nyambura. Following the death of the deceased, the appellant applied for grant of probate of the Will of the deceased and letters of administration were issued to him on 6th Oc…