JUDGMENT OF THE COURT
Edwin Wambaa Regeru (the 2nd appellant) and Emma Muthoni Wambaa (the 5th respondent) are heirs and joint-administrators of the estate of the late Lawrence Regeru Wambaa (the deceased) who died on 4th February 2007. They were appointed joint administrators on 28th July 2008 in Nairobi Succession Cause No. 2051 of 2007, and a confirmed grant was subsequently issued to them on 8th July 2009. The 3rd appellant, is a heir of the estate who suffers from a mental condition and instituted his claim to the estate through his legally appointed guardian, the 2nd appellant. The 2nd – 12th respondents are similarly heirs of the estate of the deceased.
At the time of his death, the deceased was the registered proprietor of a two storey building on LR No. Mombasa/Block XX/281 known as Syndicate Building in the centre of Mombasa City “the suit premises”. It is alleged that the suit premises had over 60 tenants and generated collective monthly rental income of over Kshs.500,000/-. …