JUDGMENT
This is a first appeal arising from the ruling of the High Court of Kenya, J. M. Mativo, J. dated 20th September, 2016 in Succession Cause No. 300 of 2013.
The background to the appeal is that the appellant and the respondents were appointed as joint administrators of the deceased’s estate. He filed a chamber summons application dated 8th April, 2013, brought under sections 47 and 48 of the Law of Succession Act, Cap 160 Laws of Kenya (the Act), Rules 73 and 49 of the Probate and Administration Rules, seeking declarations that: the respondents had jointly and severally variously defrauded the estate of the deceased of properties enumerated in the body of the application namely: Embu/ Municipality/1112/37; Embu/Municipality/1112/107; Embu/ Mavuria/227; Mbeti/Gachoka/1460; Mbeere/Kiambere/143; Embu/ Mavuria/227; Mbeti/Gachoka/1460; Nthawa/Gitiburi/ 1282; Riacina Adjudication Section – 508; Riacina Adjudication Section – 172; Riacina Adjudication Section – 693; Riacina Adjudicatio…